North Florida Injury Lawyer Blog

In Florida, children rely on parents for comfort, support, and guidance from birth through childhood and well into adulthood. Many children form a bond with a parent that goes well beyond the child's 18th birthday which is the typical age of majority or adulthood in the State of Florida. The Florida Wrongful Death Act defines a minor child as a child under the age of 25.

The investigation and pursuit of a Florida Wrongful Death case can be complicated. A Florida Personal Injury Lawyer can help the family get through the challenges of a Florida Wrongful Death Case. There are typically a myriad of issues to deal with when handling a Wrongful Death Case including estate matters, probate matters, insurance matters, accident investigation, medical investigation and other issues.

When a person dies as a result of the fault of negligence of another person, business entity, or government agency, the statutorily defined "survivors" of the decedent have a right to recover certain damages for their losses associated with the death of their family member. Generally, a minor child has a right to recovery for the death of a parent. Under Florida's Wrongful Death Act pursuant to Section 768.18, Florida Statutes - Definitions, a minor child is defined as a child of the decedent under the age of 25 years old. Even though the age to vote is 18 years old and the age to drink alcohol is 21 years old, the age for "majority" for a wrongful death case is 25 years old.

When there is a death in the State of Florida, it is important to know the cause and preventability of the death. Was the death the fault of another person, business, or government entity? Could the death have been prevented? If the death resulted from the negligence or fault of another person, business, or government entity, the family of the decedent can pursue a Florida Wrongful Death case. As part of the pre-suit investigation, it is important to identify the surviving family members and make a determination as to which family members qualify as statutory survivors under the Section 768.18, Florida Statutes.

What is the purpose of the Florida Wrongful Death Act? Pursuant to Section 768.17, Florida Statutes - Legislative Intent, the purpose of the Florida Wrongful Death Act is the shift the losses resulting when a wrongful death occurs from the survivors of the family member of the decedent to the wrongdoer. What does the shifting of the loss mean? It means that the surviving family members can pursue a cause of action or a lawsuit against the wrongdoer - the person or entity that caused or significantly contributed to the wrongful death.

Many people do not realize that the damages involved in a wrongful death case typically involve the financial and emotional losses of the surviving family members rather than the losses sustained by the decedent himself / herself. Due to the complexities of Florida's Wrongful Death Act and related cases, it is advisable to retain the services of a Florida Personal Injury Attorney or a Florida Wrongful Death Lawyer to represent the surviving family members to pursue the case.

As written in Wagner v. Kennedy Law Group, 64 So.3d 1187 (Fla. 2011), the Supreme Court of Florida noted that the Florida Wrongful Death Act "provides that it is the public policy of the State of Florida to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." In other words, the purpose of the Florida Wrongful Death Act is an attempt to substitute the financial resources of the wrongdoer for the financial resources of the decedent had the decedent survived or lived. As noted in the Wagner Case, the purpose of the Florida Wrongful Death Act was also to eliminate the multitude of lawsuits that could have been brought by each survivor if the Act was not put in place. While each family member cannot bring forth the lawsuit, each surviving family member can still have legal representation on the case.

What is Florida's Wrongful Death Act? How Does It Work? These are two excellent questions. In Florida, wrongful death cases are governed by Chapter 768, Florida Statutes and related case law. Chapter 768 sets forth in detail who can bring forth a legal action for the wrongful death of a family member, and what damages can be pursued, what persons qualify as beneficiaries or survivors in a wrongful death case.

Interpreting and understanding the details and nuances of Chapter 768, Florida Statutes and other laws pertaining to a Florida Wrongful Death Case can be very complex and difficult. Because of this, it is important for surviving family members to consult with a Florida Wrongful Death Attorney for consultation, advice, and legal representation regarding these matters. Businesses and insurance companies have their own attorneys and so should a family member dealing with the stressful aftermath of the wrongful death of a loved one.

Florida laws pertaining to wrongful death are not necessarily fair or rational. Some of the provisions of Florida's Wrongful Death Act have been challenged on constitutional grounds but most have failed. The statutory scheme set forth by the Florida legislature is the law of Florida and must be followed in order to be able to pursue a claim for compensation and damages when a loved one dies due to the fault or negligenct of a person, business, or government.

The standard of proof in a Florida Wrongful Death case is similar to that of other civil cases. The Plaintiff must prove the facts supporting the elements of the wrongful death case by a preponderance of the evidence. This is the more likely than not standard of proof which is different that the proof required in a criminal case. The standard in criminal cases that a prosecutor must satisfy is beyond a reasonable doubt. While the standard of proof is not as strict in a civil case, it can often times be challenging to prove that negligence was the cause of death in a civil case. In most cases, there will be expert testimony from medical experts to support the proposition that the death was most likely caused by the negligent act or conduct of others.

In Florida, a wrongful death can and does have a life long impact on the surviving spouse and children. Cases involving the wrongful death of a spouse in Florida are controlled by Chapter 768 - Florida Statutes. Damages and compensation are particularly governed by Section 768.20, Florida Statutes. The amount of damages awarded depend on a number of factors including the length of the marriage, quality of the marriage, and dependence emotionally and financially on the person who was the victim of the Florida Wrongful Death. A Florida Personal Injury Attorney can help the surviving spouse through the complex legal issues involved in a Florida Wrongful Death case.

Pursuant to Section 768.21, Florida Statutes, a surviving spouse, in addition to the value of lost support and services, is entitled to recover the loss of decedent's companionship and protection and for mental pai and suffering. Damages can be awarded to a surviving spouse for past and future losses including those relating to companionship, society, comfort, solace, love, sex, and help in performing tasks around the household. In proving these damages, evidence can be presented to show how extraordinarily close, affectionate, and dependent the marriage was. These are all relevant points to the marriage. See Ward v. Orange Memorial Hospital, 193 So.2d 492 (Fla. 4th D.C.A. 1966).

In Davis v. Brown - 774 So.2d 775 (Fla. 4th D.C.A. 2000), a jury awarded over $7,000,000 for the wrongful death of Kevin Brown who was married to Pamela Brown. The Browns were married for over 30 years. Pamela Brown was particularly close to her husband. The evidence presented at trial included the following facts:

1. Pamela Brown's father abandoned the family during her childhood;
2. Pamela Brown had previously lost a sibling;
3. Pamela Brown's stepfather had made sexual advances to her; and
4. Pamela Brown was 17 years old when she met her future husband.

The Defendant appealed the verdict based on the argument that prejudicial facts were presented at the trial that were improper and resulted in an excessive verdict. The Fourth Court of Appeal determined that the evidence was proper as it provided reasonable background information regarding the surviving spouse and her dependence and relationship with the decedent.

The Florida Wrongful Death Act is set forth in Chapter 768, Florida Statutes. There are many moving parts and complexities to a Florida Wrongful Death case. A Florida personal injury attorney can help a family understand the respective laws and cases. Furthermore, a personal injury lawyer can represent the family in a case for damages sustained or caused by the wrongful death of the decedent. Pursuant to Section 768.21, Florida Statutes, a family member may be compensated for damages in the form of loss of support and services along with pain and suffering. A parent can pursue a case for the loss of a child. A child can pursue a case for the loss of a parent. A spouse can pursue damages for the loss or death of a spouse. In some cases depending on the age of the decedent, parents and children of the decedent can qualify as statutory survivors of the decedent for purposes of Florida's Wrongful Death Act. A frequently asked question is the following: how are damages calculated for purposes of Florida's Wrongful Death Act? This is an excellent question and is quite broad. I will answer the question with a case example and analysis. In Bellsouth Telecommunications v. Meeks, 863 So.2d 287 (Fla. - 2003). The Supreme Court of Florida answered the question as to how pain and suffering type of damages and related noneconomic damages should be calculated when there is a wrongful death case. The court noted that in computing the duration of future losses, the joint life expectancies of the survivor and the decedent may be considered.

An example will help further explain the above case and Florida Statute. Let's say a person dies at the age of 46 years old. The decedent is survived by a child who is 9 years old. The surviving child qualifies as a statutory survivor under the Florida Wrongful Death Act. If the decedent had a 30 year life expectancy and the child had a 65 year life expectancy, damages would be calculated at the lesser of the two. For instance, both the decedent (if the accident or incident did not occur) and the child would have lived an estimated 30 years in to the future. If a jury decided to award the child $40,000 per year for mental pain and suffering for death of a parent, then the total award for pain and suffering could be $1,200,000. Of course, this is just an example and the jury could determine damages above or below this amount or by a different calculation. While the mode of calculation can differ, the jury would be instructed to consider and the joint life expectancy of the decedent and the survivor.

As noted by the Supreme Court in Bellsouth Communications v. Meeks, a survivor's recovery should be measured by the joint life expectancy of the statutory survivor and the decedent.

Is a seatbelt required under Florida law? The simple answer to this question is "Yes". The requirement of seat belts is governed by Section 316.614, Florida Statutes. This Florida Statute provides that it is unlawful in the State of Florida to operate a motor vehicle unless each passenger and the operator of the motor vehicle are restrained by a safety belt. The statute further provides that any person 18 years of age or older in the front passenger seat of a motor vehicle must wear a seat belt / safety belt. There are several exceptions or exemptions to the seat belt / safety belt rule which a bus used for transportation of persons for compensation, a farm tractor, a truck having a gross weight rating of more than 26,000 pounds, and a motorcycle / moped / bicycle. See also Florida Automobile Accidents.

Florida law requires that the driver in front seat passengers to wear an operational seatbelt that is available for use in a motor vehicle. The failure to wear a seat belt can lead to the issuance of a citation and a legal defense if a civil case is pursued. The seat belt defense argument is valid only if a seat belt was operational, available for use, and would have likely prevented the personal injuries or, at least, reduced the severity of the personal injuries.

As noted in North America v. Paskarnis, 451 So.2d 447 (Fla. 1984, the Florida Supreme Court ruled that the Defendant in a Florida Automobile Accident case has the burden of proof and pleading that the plaintiff (injury victim) did not use an operational seat belt / safety belt. Furthermore, the Defendant must prove that the failure to use the operational seat belt was unreasonable under the circumstances and that there was a casual relationship between the personal injuries sustained and the victim's failure to wear a seat belt. If the Defendant fails to meet this burden, the failure to use a seat belt cannot serve as a defense, excuse or mitigation of the personal injuries and damages claimed due to the automobile accident.

In Florida, damages for compensation can be pursued by the Personal Representative of the Estate of a person who died as a result of the negligence or fault of another person or business. These legal cases are governed or controlled by Chapter 768 - Florida Statutes. There are various forms of damages that can be pursued by the Estate / Personal Representative. These damages included a loss of Net Accumulations. The economics of a legal case can be very complicated and in some cases difficult to prove without proper documents, financial evidence, and expert testimony. A Florida Personal Injury Lawyer can counsel, represent, and advocate for family members pursuing a Florida Wrongful Death Act. Pursuant to Section 768.18 (5), Florida Statutes, Net Accumulations are defined as:

"(5) 'Net accumulations' means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind."

Net Accumulations consider the living expenses of the decedent and what the decedent was able to save (if anything) over his or her income. For instance, if a person earned $100,000 a year but did not save any money during the year, the Net Accumulations based on these figures would be nothing. Net Accumulations are also problematic for a person who was unemployed at the time of death or retired at the time of death. Often times, the hiring of an economist or a C.P.A. (Certified Public Accountant) is necessary to calculate and prove up the amount of or estimated amount of Net Accumulations.

In Tobias v. Acott - 681 So.2d 905 (Fla. 4th D.C.A. 1996 -, the jury awarded the Estate in a Florida Wrongful Death case $150,000 in loss of net accumulation damages. The Fourth District Court of Appeal reversed this jury award since there was no evidence presented as to the decedent's income or salary let alone how much the decedent might have saved throughout his normal life expectancy. See also Arab Termite v. Jenkins - 409 So.2d 1039 (Fla. 1982).

In Florida, a case or lawsuit for the wrongful death of a person is controlled by Chapter 768 of the Florida Statutes and related case law. By Florida law, a wrongful death action is brought or filed by one Plaintiff on behalf of the estate of the decedent and the statutory survivors of the decedent. See Section 768.20 and Section 768.21, Florida Statutes. The Plaintiff in a wrongful death action is the personal representative of the estate. The personal representative can be a relative and / or a beneficiary of the estate of the person who was wrongfully or negligently killed by the negligence or wrongdoing of another person or entity. The personal representative is sometimes named in the will of the decedent. If there is a no will, a probate Judge can appoint a personal representative upon petition of a person seeking to act or serve as the personal representative of the estate. It is important to consult with a Florida personal injury attorney regarding wrongful death matters or issues because these type of cases can be and are complicated by a variety of laws and statutes on point.

The personal representative, who serves as the "figurehead" on the case, acts on behalf of the estate of the decedent and serves to seek damages for both the estate and the statutorily defined survivors of the estate which are set forth in Section 768.21, Florida Statutes. Here are the relatives who may seek damages for the death of a loved one in the State of Florida:

Surviving Spouse. If the person was married at the time of death, the surviving spouse can seek damages for the loss or the decedent's companionship and protection. In addition, the surviving spouse can seek damages or compensation for mental pain and suffering.

Minor Children. If there is a spouse, minor children can also be awarded or compensated for the loss of parental companionship, instruction, and guidance. In addition, a minor child can seek damages or compensation for mental pain and suffering from the loss or death of a parent. For purposes of Florida's wrongful death laws, a minor child is defined as a child under the age of 25 years of age.

Adult Children. If there is no surviving spouse OR if the decedent was single or divorced as the time of death, adult children, which are defined by the Florida wrongful death laws as children 25 and older, can seek damages and compensation for loss of parental companionship, instruction, and guidance. Mental pain and suffering can also be awarded to an adult child for the loss or death of a parent.

Parents of a Minor Child. Each parent of a minor child can recover damages or compensation for pain and suffering as a result of the wrongful death of a minor child which again is defined as a child under the age of 25 years old.

Parents of an Adult Child. Each parent of an adult child can recover damages or compensation for pain and suffering as a result of the wrongful death of an adult child assuming that there are no other survivors (i.e. a spouse or children of the decedent).

There is an exception for medical malpractice cases in the State of Florida. In order to be able to pursue loss of companionship and pain / suffering type of damages, there must be either a surviving spouse and / or minor children to be able to pursue these damages in a Florida medical malpractice case.

Am I entitled to pain and suffering compensation when I am injured in a Florida automobile accident? The answer to this question, like many legal questions, is "it depends". In Florida, there is a specific statute in place that addresses the issue of pain and suffering type of damages for injuries sustained in an automobile accident. When a person is injured in an automobile accident, a person can pursue a claim or case for pain and suffering type of damages if if the person suffers a permanent injury, disfigurement, and or scarring. See Section 627.737, Florida Statutes. The legal requirements for the entitlement to pain and suffering related damages are part of Florida's No-Fault Law. Many people injured in an automobile accident believe that there should be automatic compensation for the pain, suffering, loss of enjoyment of life, and inconvenience associated with an injury even if the injury only requires a brief admission to the emergency room and no further treatment. Unfortunately, Florida law is not dictated by common sense or fairness in all of its provisions. Because of the special provisions and laws associated with an automobile accident case, it is important for a person to consult with the Florida automobile accident attorney regarding issues like pain and suffering related damages. Who determines if a person suffers a permanent injury? Typically, the treating physician or medical provider makes a determination as to whether a person suffered a permanent injury as a result of an automobile accident. Permanent injury does not necessarily mean that a person is unable to work, unable to function, unable to walk, and / or unable to perform activities of daily living. Permanent injury merely means that a person has suffered a personal injury that is not resolved over time or with medical treatment and according to a medical provider will affect a person for the rest of the person's lifetime. The AMA American Medical Association has a guidebook to impairment that doctors can utilize to determine if a person has suffered a permanent injury / impairment and the extent of the impairment or percentage of the theremin associated with the injury. It is important for a medical doctor providing care to an automobile accident injury victim to have knowledge of the AMA guidelines to be able to perform the evaluation and assessment as to whether a person is suffered a permanent injury.

Should photographs be taken at a Florida Automobile Accident scene? The simple answer to this question is "yes". In the State of Florida, there are no laws to prevent a person from taking photographs of an accident scene on public street or roadway. Often times, photographs of the accident scene will provide that information regarding the extent of property damages to the vehicles involved in the accident and they also provide documentation it may also provide information as to property damage I left on the roadway as well as skidmarks, roadside, and road conditions. Photographs can be taken with a digital camera, regular camera, or a smart phone like an iPhone or a droid. Videos can also be shot of the accident scene and videos may provide additional information that may be use to pursue the claimer case at a later date. It is important following the automobile accident, it is important at the photographs and/or videos taken are properly store or printed out for future use in reference. It is oftentimes helpful to have the assistance and Council of it for a personal injury attorney when dealing with the aftermath of an automobile accident. For more information regarding Florida automobile accident see Florida automobile accident and Florida automobile accident attorney.

When there is an automobile accident in Florida, it is important to know the various Florida traffic rules and regulations. See Florida Traffic Statutes and Regulations - Frequency Asked Questions.

An automobile accident in Marion County, Florida caused the death of Dr. William Canfield Evans, Jr. and injuries to a passenger. The unfortunate accident took place when Evans attempted a turn onto County Road 318 in front of a semi truck according to the Florida Highway Patrol. See Fatal Accident Reported in Marion County, Florida. Since a death resulted from this automobile accident, the Florida Highway Patrol and / or local law enforcement will complete a full investigation into the cause of the accident. The death of Dr. Evans, a longtime Florida resident, was certainly a tragic loss for his family, neighbors, and the community.

In Florida, drivers should drive with the utmost caution and pay attention to traffic and road conditions. See Florida Traffic Laws, Regulations, and Rules - Frequently Asked Questions. See also Florida Automobile Accident and Florida Trucking Accident for more information.

In Jacksonville, Florida, a family and community are mourning the recent death of Christopher Thompson who died as a result of a Florida automobile accident on Beach Boulevard. News 4 Jax reported that 22 year old - Christopher Thompson - died when a driver crashed into Thompson's vehicle as the driver was fleeing the Jacksonville Sheriff's Office (JSO). The combination of the speed and the running of a traffic signal (red light) caused the untimely and tragic death of Christopher Thompson. Since a death resulted from this accident, a full Florida Traffici Homicide Investigation will be conducted by the Florida Highway Patrol and / or local law enforcement. Regardless of the results of this investigation, a life was sensibly lost due to the carelessness and recklessness of another person. See Florida Teen Charged with Homicide After Deadly Jacksonville Crash.

It is important that drivers obey Florida traffic rules, regulations, and statutes. See Florida Traffic Statutes and Regulations - Frequently Asked Questions.

In Macclenny (Baker County) Florida, an automobile accident was reported by the Baker County Press Website. It was reported that a man (George Crawford) was hit while he was travelling in his motorized wheelchair on State Road 228. The wheelchair / automobile accident took place near Barber Road in the area of the local Wal-Mart. The force of the collision / impact ejected Mr. Crawford from his motorized wheelchair. The Florida Highway Patrol responded to the scene of the accident and will complete a report / traffic investigation as to the cause and preventability of this incident. See Man in Motorized Wheelchair Hit and Ejected on State Road 228 in Macclenny Florida.

When there is a Florida automobile accident, the various traffic rules and regulations are reviewed to determine if a citation will be issued. These same laws may come into play if there is a subsequent insurance claim or civil lawsuit for the damages or injuries caused by the accident. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Polk County, Florkda, a fatal automobile accident was reported that involved two pick up trucks/ The crash took place just before 7:00 p.m. in Lake Hamilton, Florida. One pick up truck had apparently turned into the path of another pick up truck. See Two People Killed and Others Suffer Personal Injuries in Polk County, Florida.

Many Florida automobile accidents can be avoided if drivers obey the posted speed limit zones, traffic signals and road signs. Accidents can also be avoided if drivers limit driver distractions. See Florida Traffic Rules, Laws, and Regulations - Frequently Asked Questions.

In Florida, pedestrians are at risk for personal injuries, and, in some instances, death when a driver veers off a roadway and into an area occupied by a pedestrian. The Florida Highway Patrol reported that a pedestrian was hit by a van that had veered off of Orange Blossom Trail. The death of the pedestrian, identified only a a 24 year old woman from Kissimmee, Florida, is certainly a tragic loss for her family, friends, and the community. See Pedestrian Hit and Dies from Automobile Accident Related Injuries in Kissimmee Florida.

It is important for drivers to follow and obey various traffic rules and regulations in the State of Florida. You can read many of these laws at Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida, Interstate 95 is a major highway that spans the State from South Florida right up to the Georgia Border and beyond. It is a major traffic artery for the State of Florida that unfortunately is also the site of many major automobile accidents and trucking accidents. It was reported that a rear end accident on Interstate 95 lead to the deaths of two men from New England - James Bellerose (age 40) and Gary Kalil (age 39). See Two Dead After Crash on Interstate 95.

The State of Florida has specific traffic rules, regulations, and laws in place. Some of these laws specifically address rear end accidents, following too closely, speed, and other matters / issues that may be applicable to automobile accidents like the one reported. You can access information regarding traffic laws at - Florida Traffic Laws and Regulations - Frequently Asked Questions.

On Florida highways and roads, motorcyclists / bikers are permitted under Florida law to ride two abreast in the same lane of travel. Pursuant to Section 316.209 - Operating Motorcycles on Roadways Laned for Traffic, all motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.

Drivers of motor vehicles including automobiles, trucks, and commercial vehicles should be on the look out for motorcycles and keep a safe distance from motorcycles when driving on Florida roads and highways. Yes, motorcyclists and bikers can travel or operate their motorcycles two abreast or two in the same lane. For more information regarding injuries resulting from motorcycle accidents, see Florida Motorcycle Accidents.

On Florida roads and highways, lane splitting is prohibited by Florida law. In other words, a biker / motorcyclist is not permitted to pass or overtake in the same lane occupied by the vehicle overtaken. It can be quite dangerous for a motorcyclist / biker to split a lane and pass while a vehicle is still in the biker's lane of travel. This law is in place for both the safety of the biker and the safety of other drivers operating vehicles on Florida roads and highways. See Section 316.209, Florida Statutes.

Unfortunately, motorcyclists and bikers suffer personal injuries due to accidents on Florida roads and highways. Watch Out for Motorcycles and Look Out for Motorcycles should be kept in mind any time that someone drives a vehicle on Florida roads and highways. See Florida Motorcycle Accidents.

Does Florida Law Require Motorcyclists / Bikers to Wear a Helmet? One would think that there is a simple answer to this question; however, a motorcyclist / biker should review Section 316.211 of the Florida Statutes to make sure that he or she is complying with Florida law. There are ways to comply with Florida law and avoid wearing a helmet. Many bikers / motorcyclists do not want to wear a helmet and this can be perfectly legal in Florida as long as this statute is complied with.

Section 316.211, Florida Statutes provides rules, regulations and laws for Equipment for Motorcycle and Moped Riders. The first part of the statute provides that a person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.

However, there is an exception to the above general rule under Subsection 2 (b) which provides that a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.

In summary, a person can avoid the requirement of wearing a helmet if the person has at least $10,000 in medical benefits for injuries resulting from a motorcycle accident. It appears that this coverage can be in the form of motorcycle insurance and / or health insurance. See also Motorcycle Accidents in Florida.

In the State of Florida, all first time motorcycle license or endorsement applicants must complete a BRC (Basic Rider Course) to receive a license to operate a motorcycle. Section 322.12 - Examination of Applicants provides the following:

1. The department is required to formulate a separate examination for applicants for a license to operate a motorcycle.

2. The examination must test the applicant's knowledge of the operation of a motorcycle and applicable traffic laws.

3. The examination also must also include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of the motorcycle.

For more information of Florida's law on the subject to Motorcycle Licenses, see Section 322.12 (5), Florida Statutes - Examination of Applicants. See also Motorcycle Accidents in Florida.

Safety precautions are recommended for anyone operating or riding a motorcycle in the State of Florida. If a person carries at least $10,000 in some kind of medical coverage, no helmet is required. Furthermore, no insurance is required for owners of motorcycles. Whether the law requires it or not, most safety experts would recommend the use of a helmet and most insurance experts and attorneys would recommend that a person owning a motorcycle have appropriate insurance in place.

In the State of Florida, a person can own a motorcycle and have no insurance in place whatsoever for that motorcycle. Florida law under most instances has no requirements for motorcycle owners and bikers. Of course, the laws for financial responsibility are much different for owners of motor vehicles including passenger vehicles, automobiles, trucks, and commercial vehicles. See Section 324.01 - Financial Responsibility Laws for Vehicles (Other than Motorcycles).

According to Daniel Miller, insurance agent and agency owner of Brightway Insurance Jacksonville, all motorcycle owners should insure their motorcycles with the following coverages: property damage liability, bodily injury liability, uninsured or underinsured motorist coverage, collision coverage, and medical payment coverage. Miller states that, "Having sufficient motorcycle coverage in place is essential for the motorcyclist and the owner of the motorcycle whether Florida law requires it or not." See Brightway Insurance - Jacksonville for more information as to motorcycle insurance and your other insurance needs.

Unfortunately, far too many motorcycle owners are uninsured or lack insurance that they need when there is a Florida motorcycle accident that results in personal injuries. Of course, a motorcycle can pursue a claim against the insurance policy of the at fault driver; however, it is typically better if the motorcyclist / biker has his or her insurance in place to cover some of the expenses and medical bills up front when there is a motorcycle accident.

Furthermore, many motorcycle accidents in Florida are hit and run type of accidents. A driver of a motor vehicle crashed into an innocent biker / motorcyclist and then flees the scene. In cases involving a hit and run driver, having the right kind and amount of motorcycle insurance in place is vital in order for the injured biker to get the medical care and compensation he or she deserves for the accident related injuries.

The statute of limitations is the prescribed time limit under Florida law in which a motorcyclist / biker needs to file a lawsuit enforce his or her rights. Generally, the statute of limitations is 4 years from the date of the motorcycle accident. If there is Uninsured Motorist motorcycle coverage in place, the statute of limitations could be as long as 5 years but only for the cause of action or case direction against the Uninsured Motorist / Underinsured Motorist motorcycle insurance company. If a death results from the motorcycle / automobile accident, the statute of limitations in Florida to bring an action for wrongful death is 2 years from the date of the accident.

While the statute of limitations in Florida does provide a fair amount of time to file a lawsuit, it is generally advisable to consult and work with a Florida personal injury / motorcycle injury attorney well before the running or near running of the statute of limitations. Florida laws pertaining to injured Florida bikers and motorcyclists are quite specific and unique. The laws are slightly different that for those injured while occupying an automobile or a truck. See Section 95.11 - Florida Statute of Limitations for time limits apply to accident cases, negligent cases, and other matters. See also Motorcycle Accidents in Florida.

A tragic hit and run accident was reported in Altamonte Springs Florida. The Florida Highway Patrol responded to the scene of this Central Florida automobile / pedestrian accident. It was reported that a 23 year old person suffered fatal personal injuries and 16 year old suffered personal injuries as a result of the automobile accident. There was an eyewitness who saw a vehicle flee the scene. The Florida Highway Patrol and local law enforcement will investigate this incident to determine the vehicle and driver involved. See Hit and Run Automobile / Pedestrian Accident Reported in Altamonte Springs, Florida.

It is a Florida law to stop and render aid when there is an automobile accident involving personal injuries. It is important for all drivers to proceed with caution and limit distracted driving. You can read more about Florida laws at - Florida Traffic Laws - Frequently Asked Questions.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.1235, Florida drivers who are approaching an intersecting where the traffic lights of said intersection are not working (inoperative) shall treat the stop as a stop sign. The method of stopping is governed by section 316.123(2), Florida Statutes. Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection. After stopping, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway so as to constitute an immediate hazard when the driver is moving across or within the intersection. If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

In the event that only some of the traffic lights at an intersection are inoperative, the driver of a vehicle approaching an inoperative light shall stop in the above-prescribed manner.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.125 - Vehicles Entering Highways from Private Road or Driveway or Emerging from Alley, Driveway or Building, Florida drivers have a duty to yield the right-of-way in certain circumstances.

1. Drivers who are about to enter or cross a highway from an alley, building, private road or drive way MUST yield the right-of-way to ALL vehicles approaching on the highway to be entered which are close enough to constitute an immediate hazard.

2. Drivers who are exiting an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk are extending across the alley, building entrance, road or driveway. If there is no sidewalk area, these drivers must stop at the point nearest the street they are attempted to enter where the driver has a view of approaching traffic. The drive must yield to all vehicles and pedestrians which are close enough to constitute an immediate hazard.

Florida law states who has a duty to yield (give up) the right-of-way. As a general rule of Florida traffic law, every driver, motorcyclist, bicyclist, pedestrian or other operate of a motorized vehicle (i.e., moped) must do everything possible to avoid a crash. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Florida traffic laws are unclear as to who has the right-of-way on Florida street, highways and other roadways. Florida law only states who has a duty to yield (give up) the right-of-way. As a general rule of Florida traffic law, every driver, motorcyclist, bicyclist, pedestrian or other operate of a motorized vehicle (i.e., moped) must do everything possible to avoid a crash. Florida drivers and pedestrians have a duty to yield the right-of-way to emergency vehicles while said vehicles are en route to an existing emergency. This duty is established under Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.126 - Operation of Vehicles and Actions of Pedestrians on Approach of Authorized Emergency Vehicle.

Pursuant to section 316.126, Floria Statutes, both pedestrians and drivers must yield the right-of-way to emergency vehicles. These vehicles include law enforcement vehicles, fire engines and other emergency vehicles that are using sirens and/or flashing lights. There is a duty to immediately pull over to the close edge of the roadway and stop until the emergency vehicle has passed. Pedestrians and drivers shall not block intersections in said process.

When driving on interstate highways or other highways with two or more lanes and traveling in the same direction of an emergency vehicle, drivers approaching a parked law enforcement or other parked emergency vehicle with its lights activated, are required to leave the lane closest to the emergency vehicle, as son as it is safe and practicable to do so. This law shall apply unless other directed by a law enforcement officer.

When traveling on a two-lane roadway, drivers approaching a law enforcement or other emergency vehicle are required to reduce their speed to a speed that is 20 miles per hour less than the posted speed limited when the posted speed limits is 25 miles per house or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less.

Other types of emergency vehicles include wreckers that are displaying their flashing lights and performing a service (i.e., recovery or loading) on a roadside.

If you have been involved in and/or are the victim or a Florida automobile accident, please contact Wood, Atter & Wolf, P.A. regarding your Florida legal rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

"Intersection" is defined, by Florida Statutes, as the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles; or the are within which vehicles traveling upon different highway joining at any other angle may come into conflict. See Florida Statute section 316.003(17)(a). Intersections are common places for Florida drivers to be involved in automobile crashes. Therefore Florida drivers should take extra precaution and care when entering or approaching intersections.

Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.121 - Vehicles Approaching or Entering Intersections, establishes certain duties, rules and regulations for Florida drivers who are approaching or entering an intersection:
1. Approaching an intersection. The driver of a vehicle approaching an intersection must yield the right-of-way to a vehicle was has entered the intersection from a different highway.
2. Two vehicles approaching at same time. When two vehicles enter an intersection from different highways at the same time the DRIVER OF THE VEHICLE ON THE LEFT SHALL YIELD THE RIGHT-OF-WAY to the vehicle on the right.
3. State-maintained roads or highways. The driver of a vehicle about to enter to cross a state-maintained road or highway from a paved or unpaved road (e.g., driveway) and not subject to control by an official traffic control device shall yield the right-of-way to ALL vehicles approaching on the state-maintained road or highway the driver of the other vehicle is attempting to enter or cross.
4. County-maintained or city-maintained roads or highways. The driver of a vehicle about to enter or cross a paved county-maintained or city-maintained road or highway from an unpaved road or highway (e.g., driveway) and not subject to control by an official traffic control device shall yield the right-of-way to ALL vehicles approaching on said paved road or highway.

Continue reading "Florida Traffic Laws - What Is the Duty of a Driver Approaching or Entering Intersections?" »

A man who was recently killed in a hit-and-run accident in Seminole County, Florida, has been identified as 36-year-old Charles Long. Long's body was lying in a grassy shoulder along Monroe Road for nearly two hours before he was found. He rode his bicycle to work everyday, a 14-mile trip from DeBary to Lake Mary and back. Long was employed as a dishwasher at a pizza restaurant. According to the Florida Highway Patrol, Long was traveling north in the outside, southbound lane of Monroe Road in Sanford, Florida, near U.S. Highway 17-92 when he was struck by a pickup truck that was traveling southbound in the same lane. The truck struck the front of Long's bicycle, sending him flying into the grassy shoulder where he was later found dead. The pickup truck that struck Long was turned into the Seminole County Sheriff's Office. For more details please read Man found dead in grassy shoulder of Monroe Road in Seminole, Florida, hit-and-run collision.

Florida law establishes a duty upon all drivers that are involved in a crash that results in injury to any person to stop their vehicle immediately at the scene of the crash, or as close thereto as possible. See Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.027 - Crash Involving Death or Personal Injuries.

Also, the driver of the vehicle has a duty to remain at the crash site until he or she has fulfilled the requirements set out in section 316.062, Florida Statutes. Any driver who willfully violates the provisions of sec. 316.027 commits a third-degree felony.

If you would like to read more Florida Traffic Laws visit the Wood, Atter & Wolf, P.A. website: North Florida Injury Lawyer Blog.

Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.091 - Limited Access Facilities; Interstate Highways; Use Restricted, establishes limitations, restrictions and other prohibitions to the access and use of certain facilities and interstate highways.

1. No person shall drive a vehicle onto or from any limited access roadway. EXCEPTION: Unless such entrances and exists are established by public authority.
2. No person shall operate upon a limited access facility any bicycle, motor-driven cycle, animal-drawn vehicle, or any other vehicle which by its design or condition is incompatible with the safe and expedient movement of traffic.
3. No person shall ride any animal upon any portion of a limited access facility.
4. No person shall operate a bicycle on the roadway or along the should of an interstate highway.

Bicycles:
In the state of Florida, bicycles are not allowed on limited-access roadways or on interstate highways. However, toll bridges are not always on limited-access facilities.

A "Freeway" is a limited-access highway with several significant characteristics:
1. Vehicles traveling in opposite directions are separated by a continuous unpaved median or fixed barrier;
2. There are at least two lanes of travel in each direction;
3. At-grade crossing conflicts are not allowed;
4. Vehicles enter and exit a freeway with merge, diverge and weave movements.

A "Limited Access Facility" is defined, by Florida Statute, as a street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a limited right or easement, of access. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highways traffic. See Florida Statute section 316.003(19).

Continue reading "Florida Traffic Laws - What Are the Restrictions on Using Limited Access Roadways?" »

Making a turn may seem like a simple, mundane driving task. However, many traffic crashes occur because of drivers who make incorrect, illegal, and / or unsafe turns. Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.122 - Vehicle Turning Left, drivers turning or intending to turn left must yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle.

Below are some tips Florida Drivers should follow when making or attempting to make turns, especially left-hand turns:

1. Use your turn signal and NEVER make "last minute" turns.
2. Use your turn signal. Specifically, give your turn signal for at least the last 100 feet before making your turn.
3. Slow down to an appropriate and safe turning speed.
4. ALWAYS yield to bicyclists and pedestrians.
5. Make your turn and stay in the proper lane. Yield the right-of-way to vehicles, including bicycles, coming from the opposite direction.
6. Finish your turn in the proper lane. A LEFT TURN may be completed in any lane lawfully available, or safe, for the desired direction of travel.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to >Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

- If approaching a stop intersection, Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection. After stopping, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway so as to constitute an immediate hazard when the driver is moving across or within the intersection.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to >Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

- If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

Below are some other duties imposed on Florida drivers approaching a Yield or Stop Sign:
- If approaching a stop intersection, Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection.
- If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Section 316.0895 - Following too Closely, Florida Statutes, states that the driver of any motor vehicle shall not follow another vehicle more clearly than is reasonable and prudent, while also having due regard for the sped of such vehicles and the traffic upon, and the condition of, the highway.

The Florida Department of Highway Safety and Motor Vehicles defines "aggressive driving" as "the act of operating a motor vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others." This type of driving includes behaviors stemming from road rage to street racing. Aggressive driving is a leading problem on Florida roadways and is a main factor in the amount of motor vehicle crashes and deaths.

Although Florida is prohibited from enforcing their aggressive driving law by state statute, aggressive driving can still be notated on a traffic citation. For example, once a driver is cited fora specific traffic infraction (i.e., Section 316.0895 - Following too Closely, Florida Statues), the issuing police officer may select the "Aggressive Driving" located on Florida traffic tickets.

"Following too Closely" combined with one of these actions is considered Aggressive Driving in the state of Florida:
1. Speeding;
2. Unsafe or improper lane change;
3. Failure to yield the right-of-way;
4. Improper passing;
5. Failure to obey traffic control devices.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Section 316.0895 - Following too Closely, Florida Statutes, states that the driver of any motor vehicle shall not follow another vehicle more clearly than is reasonable and prudent, while also having due regard for the sped of such vehicles and the traffic upon, and the condition of, the highway. Drivers of a motor vehicle that is towing another vehicle and traveling upon a roadway outside a business or residence district must stay at least 300 feet behind another motor truck.

Aggressive driving is a leading problem on Florida roadways and is a main factor in the amount of motor vehicle crashes and deaths. The Florida Department of Highway Safety and Motor Vehicles defines "aggressive driving" as "the act of operating a motor vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others." This type of driving includes behaviors stemming from road rage to street racing.

Aggressive driving can be notated on a traffic citation. For example, once a driver is cited fora specific traffic infraction (i.e., Section 316.0895 - Following too Closely, Florida Statues), the issuing police officer may select the "Aggressive Driving" located on Florida traffic tickets.

"Following too Closely" combined with one of these actions is considered Aggressive Driving in the state of Florida:
1. Speeding;
2. Unsafe or improper lane change;
3. Failure to yield the right-of-way;
4. Improper passing;
5. Failure to obey traffic control devices.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Section 316.0895 - Following too Closely, Florida Statutes, states that the driver of any motor vehicle shall not follow another vehicle more clearly than is reasonable and prudent, while also having due regard for the sped of such vehicles and the traffic upon, and the condition of, the highway. Those motor vehicles that are driven upon any roadway outside a business or residence district and traveling in a caravan, whether or not towing other vehicles, must allow sufficient space between each vehicle of combination of vehicles so as to enable other motor vehicles to enter or occupy such space without danger.

The Florida Department of Highway Safety and Motor Vehicles defines "aggressive driving" as "the act of operating a motor vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others." This type of driving includes behaviors stemming from road rage to street racing. Aggressive driving is a leading problem on Florida roadways and is a main factor in the amount of motor vehicle crashes and deaths.

Once a driver is cited for a specific traffic infraction (i.e., Section 316.0895 - Following too Closely, Florida Statues), the issuing police officer may select the "Aggressive Driving" located on Florida traffic tickets.

"Following too Closely" combined with one of these actions is considered Aggressive Driving in the State of Florida:

1. Speeding;
2. Unsafe or improper lane change;
3. Failure to yield the right-of-way;
4. Improper passing;
5. Failure to obey traffic control devices.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.090 - Driving on Divided Highways, whenever a Florida highway has been divided into two or more roadways, every vehicle shall be driven only upon the right-hand side of the roadway, unless directed or permitted to use another side of a roadway by official traffic control devices or police officers.

A Florida highway may be divided into two or more roadways by:
1. An intervening space;
2. A physical barrier; or
3. Any clearly indicated dividing section constructed so as to impede vehicular traffic.

Also, while driving on a divided Florida highway, no driver shall drive his or her vehicle over, across or within any dividing space, barrier or section. Exception: If driving through an opening in such physical barrier or dividing section or space, or at an established crossover or intersection, or unless specifically authorized by a public authority.

Violators of this Florida Statute will have committed a noncriminal traffic infraction, punishable as a moving violation.

In the State of Florida, yellow lane lines are indicative of divided highways. Specifically, yellow lane lines separate lanes of traffic traveling in opposite directions of one another. A single yellow line marks the left edge of the pavement on all divided highways and one-way streets.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

A High Springs, Florida, firefighter was killed in a motorcycle-motor vehicle crash on U.S. 441 while he was headed to his 24-hour shift. The man was identified as 35-year-old Chad Hood of Gainesville, Florida. Hood is survived by his wife and 4-year-old son, among others. According to reports, Hood was en route to his 24-hour shift when his 1999 Suzuki motorcycle collided with a Volkswagen minivan a little after 6:30 a.m. The reports also state the collision occurred after the minivan pulled out of a Fast Track convenience store parking lot on U.S. 441. The collision between the motorcycle and the minivan caused the bike to burst into flames. The driver of the minivan, who's name not released by authorities, was the only occupant inside the van. Hood was transported to Shands at the University of Florida where he was pronounced dead. He began working for the High Springs Fire Department in 2007. For more details please read High Springs, Florida, firefighter dies in crash on U.S. 441.

The death of this man is an absolute tragedy for his family and community. Florida drivers must always stay alert while at the wheel. When driving, Florida drivers must ensure nothing interferes with their ability to see the road, react to situations or operate the vehicle properly. For an extensive list and summaries of various Florida Traffic Laws please see the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.087 -Further Limitation on Driving to Left of Center of Roadway, drivers are prohibited from driving their vehicles on the left side of any roadway in the following conditions:

1. When the vehicle is approaching or upon the crest of a grade that obstructs the driver's view so as to create a hazard in the event another vehicle may approach from the opposite direction;
2. When driving upon a curve in the highway where the driver's view is obstructed and creates a hazard in the event another vehicle may approach from the opposite direction;
3. When the vehicle driven is within 100 feet of or traversing any intersection. However, this does not apply to any intersection on a state-maintained or county-maintained highway located outside city limits, unless marked otherwise;
4. When the vehicle driven is within 100 feet of or traversing any railroad grade crossing;
5. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

These limitations do NOT apply:
1. On one-way roadways
2. When an obstruction exists making it necessary to drive to the left of the center of the highway, and
3. To the driver of a vehicle turning left into or from an alley, private road or driveway.
A violation of section 316.087 is a noncriminal traffic infraction, punishable as a moving violation.

The following is a list of circumstances where Florida Drivers MAY NOT pass while driving upon a two-lane road with traffic moving in the opposite direction:
- Where there are visible signs reading "DO NOT PASS" or "NO PASSING ZONE"
- Where a solid yellow line is painted on your side of the center line
- When traveling upon hills or curves
- At intersections
- When you are within 100 feet of a bridge, viaduct, tunnel or railroad crossing.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.0875 - No Passing Zones, the Florida Department of Transportation and local authorities have the authority to designate portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous, as a No-Passing Zone. These zones shall be indicated as such by appropriate signs or markings on the highway or roadway. The signs shall also indicate the beginning and end of the No-Passing Zone. Every sign shall by clearly visible to an ordinarily observant person and shall be obeyed by every Florida driver.

When driving in a No-Passing Zone, Florida drivers shall not at any time drive on the left side of the roadway or on the left side of any pavement striping designed to mark a No-Passing Zone throughout its length. Section 316.0875 is not applicable when an obstruction exists, which makes it necessary to drive to the left of the center of the highway or roadway, nor to a Florida driver who is turning his or her vehicle left into or from an alley, private road or driveway.

The following is a list of circumstances where Florida Drivers MAY NOT pass while driving upon a two-lane road with traffic moving in the opposite direction:

- Where there are visible signs reading "DO NOT PASS" or "NO PASSING ZONE"
- Where a solid yellow line is painted on your side of the center line
- When traveling upon hills or curves
- At intersections
- When you are within 100 feet of a bridge, viaduct, tunnel or railroad crossing.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.088 - One-way Roadways and Rotary Traffic Islands, the Department of Transportation and local authorities, have the authority to designate any highway, roadway, part of a roadway, or specific lanes of traffic to proceed in one direction at such times, so long as such indication is indicated by official traffic control devices. When a roadway, part of a roadway, highway, etc. has been designated for one-way traffic, any vehicles on such roadway must be driven only in the designated direction. Any vehicles passing a rotary traffic island must be driven only to the right of such island.

A violation of the provisions of this statute is considered a noncriminal traffic violation, punishable as a moving violation.

Good driving consists of practice and being alert while behind the wheel. Florida drivers need to ensure nothing interferes with their ability to see the road, react to situations or operate their vehicle properly. Florida drivers must stay alert as to what is going on around them and never take their eyes off the road. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website, specifically Section 316.083 - Overtaking and Passing, Florida Statutes.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.089 - Driving on Roadways Laned for Traffic Florida drivers must comply with certain rules and regulations under this statute. When driving on a Florida roadway that is divided into two or more clearly marked lanes for traffic, the following rules apply:

- Drivers shall drive their vehicle as nearly as practicable entirely within a single lane and shall not move their vehicle from their said lane until they have first ascertained and determined that such movement can be made with safety.

Drivers in Florida need to aware of the challenger and obstracles they could potentially face on Florida roads and highways. Sometimes, a driver cannot control the many hazardous conditions and situations present on the road, Florida drivers should earn how to drive defensively and how to avoid such hazards. Intersections are a common place for car collisions. Florida drivers should never pass another car or change lanes at an intersection without it being safe to do so. Because of the high volume of traffic at an intersection, Florida drivers should never make any sudden changes. Doing so could easily cause an accident. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.089 - Driving on Roadways Laned for Traffic, Florida drivers must comply with certain rules and regulations under this statute. When a Florida roadway has been divided into two or more clearly marked lanes for traffic, the following rules apply:

1. Drivers must drive their vehicle as near as practicable within a single lane and shall not move from said lane until they ascertained and determined that such movement can be made with safety;

2. When driving upon a roadway that is divided into 3 lanes and provides for two-way traffic, drivers shall not drive their vehicle in the center lane, except when overtaking and passing another vehicle traveling in the same direction, provided the center lane is clear of traffic within a safe distance, when in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding.

Drivers in Florida need to aware of the challengers they could potentially face. Sometimes you cannot control the many hazardous conditions and situations present on the road, Florida drivers should earn how to drive defensively and how to avoid such hazards. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website, specifically Section 316.083 - Overtaking and Passing, Florida Statutes.

Florida law establishes duties upon drivers within the state. Among these duties is a Florida driver's duty to yield the right-of-way in certain circumstances, one of which is when a vehicle crosses the path of any public transit vehicles. Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.0815 - Duty to Yield to Public Transit Vehicles, drivers of vehicles must yield the right-of-way to any publicly owned transit bus that is traveling in the same direction when that bus has signaled and attempted to reenter the traffic flow from a specifically designated pullout bay. However, this section does not relieve the driver of any public transit bus from his or her duty to drive with due regard for the safety of all persons using the roadway.

When it comes to who has the right-of-way, Florida law only regulates who must yield (give up) the right-of-way. Every Florida driver, motorcyclist, moped rider, bicyclist and pedestrian must do everything possible to avoid a crash.

Safe driving in Florida results from practice and good habits. Safe driving in Florida is also based on being alert while behind the wheel. Drivers should ensure that nothing interferes with their ability to see the road, react to situations or operate a vehicle properly. Drivers should stay alert to their surroundings and never take their eyes off the road.

Florida law establishes various duties upon drivers within the State. Florida's traffic laws establish rules and regulations that Florida drivers must follow. Among these duties, rules and regulations, Florida drivers may only pass vehicles on certain sides of the roadway and in certain circumstances. For example, pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.082 - Passing Vehicles Proceeding in Opposite Direction, Florida drivers may only pass vehicles proceeding in opposite directions shall pass each other to the right. When passing a vehicle traveling in the opposite direction upon a roadway that have a width no more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway, as nearly as possible.

A violation of these provisions is a noncriminal traffic infraction, punishable as a moving violation.

Drivers should take the following precautions when passing a vehicle:
- Keep a safe distance from the vehicle you are attempting to pass. The closer you are to the overtaken vehicle, the less you can see ahead (this is especially true when passing trucks, trailers and other large vehicles).

- Before passing, check your blind spots and make sure you have adequate of time and space to pass the vehicle safely.

Florida law establishes several duties upon drivers within the state. Among these duties is a Florida driver's duty to yield the right-of-way in certain circumstances, one of which is when a vehicle is approaching an animal. Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.0825 - Vehicle Approaching an Animal, every Florida driver has the duty to use reasonable care when approaching or passing a person who is riding or leading an animal upon a roadway or the shoulder thereof. Also, the driver must not intentionally startle or injure the animal.

A violation of the provisions under section 316.0825, Florida Statutes, is considered a noncriminal traffic infraction, punishable as a moving violation.

Animals, both wild and domestic, move unpredictably towards or across the path of a traveling vehicle. When an animal does cross the path of a Florida motorist, he or she should slow down and yield the right-of-way. Drivers should be especially aware and take extra precautions when traveling on rural roadways at night.

The driver of any vehicle has certain duties when overtaking and passing another vehicle that is traveling in the same direction as the overtaking vehicle. The following are duties of the driver of an overtaking vehicle:

1. The driver of the overtaking vehicle shall pass to the left of the overtaken vehicle.

2. The driver of the overtaking vehicle shall not return to the right side of the roadway until safely clearing the overtaken vehicle.

3. When overtaking a bicycle or other nonmotorized vehicle, the driver of the overtaking vehicle must pass the bicycle or nonmotorized vehicle at a safe distance not less than 3 feet.

These duties are provided under Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.083 - Overtaking and Passing a Vehicle.

Passing and/or overtaking another vehicle can be a dangerous task, especially on two-lane roads, rural roads or when attempting such action at night. Florida drivers should always pass on the left, given the appropriate signal, not speed and ensure a safe distance between his or her vehicle and the overtaken vehicle.

Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.083 - Overtaking and Passing a Vehicles, governs the rules, regulations and limitations applicable to vehicles overtaking and passing other vehicles that are proceeding in the same direction.

- The driver a vehicle overtaking another vehicle traveling in the same direction shall give an appropriate signal (provided in section 316.156), pass to the left at a safe distance, and not again drive to the right side of the roadway until safely clear and a safe distance from the overtaken vehicle.
- The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass such at a safe distance not less than 3 feet between the bicycle or other nonmotozied vehicle.

Exception:
- When overtaking and passing on the right is permitted, the driver of an overtaken vehicle must give the right-of-way to the overtaking vehicle, by audible signal or blinking headlamps of the overtaken vehicle if overtaking is attempted at nighttime. The driver of the overtaken vehicle is prohibited from increasing the speed of his or her vehicle until completely passed by the overtaking vehicle.

Essentially, Section 316.083, Florida Statutes, permits overtaking vehicles on the left provided the driver of the overtaking vehicle properly uses a signal, that a safe distance (at least 3 feet when overtaking a bicycle or other nonmotorized vehicle) exists between the two and the overtaking vehicle does not exceed the posted speed limit. The overtaken vehicle must yield the right-of-way and not increase speed.

Florida drivers are permitted to overtake and pass on the right side of another vehicle only under the following conditions:

1. When the vehicle overtaken is making or about to make a left turn;
2. When traveling upon a street or highway with unobstructed pavement not occupied by parked vehicles;
3. When traveling upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions.

Florida drivers are permitted to overtake and pass other vehicles on the right only in certain conditions. However, the movement of overtaking and passing shall never be done if such movement requires the driver to travel off the pavement or main-traveled portion of the roadway.

A violation of section 316.084 - When Overtaking on the Right is Permitted, Florida Statutes, is deemed a noncriminal traffic infraction, punishable as a moving violation.

Under Florida law, drivers shall not drive to the left side of the center of the roadway in overtaking and passing another vehicle that is proceeding in the same direction, unless otherwise authorized or such left side is clearly visible and is free of oncoming traffic for a sufficient distance to permit such overtaking. Overtaking and passing another vehicle should be done without interfering with the operation of any vehicle approaching from the opposite direction of any vehicle overtaken. In every instance of overtaking and passing the overtaking vehicle must return to an authorized lane of travel as soon as practicable. In the event the overtaking of another vehicle involves the use of a lane authorized for vehicles traveling from the opposite direction, the overtaking vehicle must return to its authorized lane become coming within 200 feet of any approaching vehicle.

Drivers shall not travel from a direct course in any lane on any Florida highway until he or she has determined that that his or her vehicle is not being approached or passed by any other vehicle.

A violation of this section is a noncriminal traffic infraction, punishable as a moving violation. For the plain language of this Florida Statute please read Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.085 - Limitations on overtaking, passing, changing lanes and changing course.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.087 -Further Limitation on Driving to Left of Center of Roadway, drivers are prohibited from driving their vehicles on the left side of any roadway in the following conditions:

1. When the vehicle is approaching or upon the crest of a grade that obstructs the driver's view so as to create a hazard in the event another vehicle may approach from the opposite direction;

2. When driving upon a curve in the highway where the driver's view is obstructed and creates a hazard in the event another vehicle may approach from the opposite direction;

3. When the vehicle driven is within 100 feet of or traversing any intersection. However, this does not apply to any intersection on a state-maintained or county-maintained highway located outside city limits, unless marked otherwise;

4. When the vehicle driven is within 100 feet of or traversing any railroad grade crossing;

5. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

These limitations do NOT apply:
1. On one-way roadways

2. When an obstruction exists making it necessary to drive to the left of the center of the highway, and

3. To the driver of a vehicle turning left into or from an alley, private road or driveway.

A violation of section 316.087 is a noncriminal traffic infraction, punishable as a moving violation.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.081 - Driving on Right Side of Roadway; Exceptions, all Florida vehicles must be driven on the right half of Florida roadways.

The following are exceptions to the rule: A car does not have to be on the right half of the roadway:

1. When overtaking and passing another vehicle proceeding in the same direction;
2. When an obstruction exists making it necessary to drive to the left of the center of the highway. Any person doing so shall yield the right-of-way to all vehicles traveling in the proper direction.
3. When driving upon a roadway divided into 3 marked lanes for traffic under the rules applicable thereon; or
4. When traveling upon a roadway designated and signposted for one-way traffic.

- Any vehicle traveling at less than the normal speed of traffic shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. F.S. sec. 316.081(2).

- Upon any roadway having 4 or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the centerline of the roadway. Exception(s): When authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to travel in such lanes. F.S. sec. 316.081(3).

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.027 - Crash Involving Death or Personal Injuries, the driver of any vehicle involved in a crash, whether occurring on public or private property, that results in injury of any person has a duty to stop his or her vehicle immediately at the scene of the crash, or as close thereto as possible. Also, the driver of the vehicle has a duty to remain at the crash site until he or she has fulfilled the requirements set out in section 316.062, Florida Statutes. Any driver who willfully violates the provisions of sec. 316.027 commits a third-degree felony.

The following is a list of information driver's involved in crashes that result in death or personal injuries are required to give pursuant to sec. 316.062:

- The driver's name
- The driver's address
- The registration number of the vehicle he or she is driving
- Upon request and if available, the driver shall exhibit his or her license or pert to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash. Licenses or permits shall also be given to police officers at the scene or officers who are investigating the crash.

When a flashing red signal is illuminated, Florida drivers have a to stop at a clearly marked stop line. If no stop line exists, drivers must stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, then drivers must stop at the point nearest the intersection roadway before entering the intersection. The right to proceed through the intersection is subject to the rules applicable after making a stop at a stop sign. Florida Statute section 316.076 - Flashing Signals. However, this provision of sec. 316.076 does not apply at railroad-highway grade crossings; the conduct of drivers approaching such crossings is governed by sections 316.1575 and 316.159 of Chapter 316 - State Uniform Traffic Control. A violation of the provisions of this section is a noncriminal traffic infraction, punishable as a moving violation.

Basically, a flashing red light means the same thing as a stop sign. A flashing red light is used at ALL dangerous intersections.

Traffic signals are places at intersections to keep traffic moving and to avoid crashes. Florida drivers, pedestrians and bicyclists must obey these signals, except when an officer is directing traffic. If a traffic signal appears to be out of order, treat the traffic light as it if were a four-way stop sign.

When a flashing yellow signal is illuminated, drivers of vehicles may proceed through the intersection or past such signal only with caution. Florida Statute section 316.076 - Flashing Signals. However, this provision of sec. 316.076 does not apply at railroad-highway grade crossings; the conduct of drivers approaching such crossings is governed by sections 316.1575 and 316.159 of Chapter 316 - State Uniform Traffic Control. A violation of the provisions of this section is a noncriminal traffic infraction, punishable as a moving violation.

Basically, a flashing yellow light means a driver may proceed forward with caution. Flashing, yellow signals are used at, or just before, dangerous intersection, or to alert drivers to a warning sign such as a school crossing or sharp curve.

Traffic signals are places at intersections to keep traffic moving and to avoid crashes. Florida drivers, pedestrians and bicyclists must obey these signals, except when an officer is directing traffic. If a traffic signal appears to be out of order, treat the traffic light as it if were a four-way stop sign.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.071 - Disabled Vehicles Obstructing Traffic, a driver of a vehicle has a duty to keep his or her disabled vehicle from obstructing the flow of traffic. Whenever a driver's vehicle becomes disabled on any Florida street or highway and obstructs the regular flow of traffic, the driver must move the vehicle so as not to obstruct the regular flow of traffic. If the driver cannot move the vehicle alone, the driver must solicit help and move the vehicle so as not to obstruct the regular flow of traffic. Drivers who do not follow the provisions of this statute will be cited for a nonmoving traffic violation.

Maintaining the regular flow of traffic is beneficial to all drivers, passengers and pedestrians on Florida roadways. If your car suddenly becomes disabled it is for your safety and the safety of your passengers to remove the car from the roadway as soon as possible. This is especially true if your car is disabled on a highway or interstate where the speed limit is relatively high. On these faster Florida roadways, cars will not be able to stop as quickly or have a lot of time to see your vehicle in or to avoid being struck.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.073 - Applicability to Animals and Animal-Drawn Vehicles, all Florida drivers of an animal-drawn vehicle upon a Florida roadway are subject to the provisions of Chapter 316 applicable to drivers of standard vehicles, except those provisions which by there nature can have no applications. Also, all the provisions of Chapter 316 applicable to pedestrians, except sec. 316.130(3), apply to any person riding or leading an animal upon a roadway or shoulder thereof.

An "animal-drawn vehicle" is typically a mechanized piece of equipment pulled by one animal or a team of animals.

Basically, this section of Florida Statutes, considers an animal-drawn vehicle like a standard vehicle. Therefore, any person who is operating an animal-drawn vehicle must follow the traffic laws as if they were the driver of a regularly operated, motorized vehicle. (NOTE: "Vehicle" is defined as every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.).

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.075 - Traffic Control Signal Devices, the standard green, red and yellow lights shall indicate and apply to both drivers and pedestrians.

Green Circular Light. Traffic facing a green circular light may proceed through the light or turn right of left with caution, unless a sign a such traffic signal prohibits either such turn. Vehicular traffic turning right or left shall always yield the right-of-way to other vehicles and pedestrians lawfully within the intersection or an adjacent crosswalk at any time a green circular signal is shown.

Green arrow light. Traffic facing a green arrow signal, whether shown alone or in combination with another traffic signal, may enter the intersection only to make the movement indicated by such green arrow with caution, or such other movement as is allowed by other indications shown. A driver of any vehicle may make a U-turn, unless such movement is prohibited by posted traffic control signs. Such vehicular traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

Pedestrians, if facing any green signal, expect when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.075 - Traffic Control Signal Devices, a standing yellow lights serves as a warning to vehicular traffic that the green movement is terminated and a red indication will soon exhibited, in order to show that thereafter the vehicular traffic facing the traffic light shall not enter the intersection. As for pedestrians, a steady yellow signal shall indicate to them that there is insufficient time to cross the roadway before a red signal is shown and no pedestrian shall start to cross the roadway.

All Florida drivers and pedestrians shall comply with traffic signals. A yellow light serves as a warning to vehicular traffic and pedestrians that a red, or "stop," signal is soon approaching. Drivers should not treat this warning as an excuse to speed up and fly through an intersection. Pedestrians shall do the same and not attempt to run across a crosswalk when a yellow signal is showing. Complying with traffic signals ensures safer Florida roadways for both drivers and pedestrians.

In Tampa, Florida, two people riding on a motorcycle were killed during a hit and run accident. According to the Florida Highway Patrol, the accident occurred at the intersection of U.S. 41 and Universal Drive in southern Hillsborough County.

62-year-old Thomas Steven Colson and 69-year-old Galilee Wells Howard were riding on a 2009 Big Dog motorcycle when an oncoming 1998 Buick Park Avenue turned in front of them. Investigators reported that the the driver of the car, 52-year-old Susanne Marie Myers Meyers, was traveling south on U.S. 41 and tried to turn left onto Universal, but crossed the motorcycle’s path. Both Colson and Howard were ejected from the motorcycle during the crash. Neither was wearing a helmet and both sadly died at the scene, according to the FHP (Florida Highway Patrol).

Myers was not injured. She left the scene and drove home to Metro Drive, about a mile from the scene, said the FHP. Authorities are still investigating the crash.

A hit and run, also known as leaving the scene of a crash is a serious criminal offense under Florida law. As such, it carries serious criminal punishments including: large fines, possible jail or prison time, revocation or suspension of your Florida driver’s license, and an increase in auto insurance premiums for years to come. Florida law addresses the criminal offense of leaving the scene of a crash differently under statutes depending on whether another occupied vehicle was involved, the extent of the property damage and whether any personal injury or serious bodily injury was caused.

When there is a death involved in a Florida Automobile / Motorcycle Accident, the Florida Highway Patrol and / or local law enforcement conduct a detailed investigation to determine the cause and preventability of the accident. In addition to the police investigation, a victim and / or driver involved in an automobile / motorcycle accident can also retain a private attorney, investigator, and engineer to conduct an independent investigation into the cause and preventability of the accident.

For more information on this topic, see 2 killed in hit-and-run motorcycle crash.

Two men sustained life threatening injuries when they were ejected during a pickup truck accident in Gainesville, Florida. According to the police, the accident happened near the intersection of Northwest County Road 231 and State Road 121. Lieutenant Mike Schibuola said that the driver, Richard Wills, 38, and his passenger Justin Mantz, 24, became airborne after their vehicle went off the side of CR 231 and hit a culvert. Wills and Mantz were ejected as the truck rolled over, said Lt. Schibuola. The Gainesville Police Department said both men were taken in critical condition to Shands at the University of Florida. Neither man was wearing a seat belt, according to Lt. Schibuola.

The primary purpose of a seat belt is to increase the chances of survival of yourself and others in the car in the event of an automobile accident on highways, expressways or local roads. Florida law is very specific about how passengers should wear a seat belt. Regardless of age, all front seat passengers always wear a seat belt. In addition, all passengers under 18 years old must wear a seat belt or otherwise be restrained by a child car seat. This law applies to all cars, pickup trucks and vans operated on Florida's roads.

For more information on this topic, see Two men ejected from pickup truck in crash.

The consequences of underage drinking and illegal drug use will virtually affect all college campuses, communities and students whether they partake in the illegal activities or not.

In Fernandina Beach (Nassau County), Florida, four people were arrested in connection with a house party where a University of Alabama football player, Aaron Douglas, was found dead. The Fernandina Beach Police Department said that the four residents of the house were charged with allowing an open house party where at least 16 people younger than 21 drank alcohol or used drugs.

The body of twenty one-year-old Douglas, offensive lineman, was found on the home’s balcony. He was vacationing in Fernandina Beach and had gone to the home after being invited to a party. The Nassau County medical examiner’s report found that Douglas died from the drugs found in his system. The residents charged with allowing an open house party were Neal Clements, 22; Nathanial Flanders, 21; Daniel Stouter, 24; and Dana Luberto, 23. Of course, each Defendant will be entitled to legal representation by a Florida Public Defender and / or by a Florida Criminal Defense Attorney.

Under Florida law, it is illegal to allow an open house party to take place if any alcoholic beverage or illegal drug is possessed or consumed by a minor. Any person having control of the residence should take reasonable steps to prevent the possession or consumption of alcoholic beverages or drugs. Any person found in violation of Florida Statute, 856.015 Open House Parties- commits a misdemeanor of the second degree.

For more information on this topic, see 4 charged for house party linked to Alabama football player's death.

Good Samaritan James Michael Ledford, 34, was tragically killed as a result of a hit- and- run automobile / pedestrian accident. According to the Florida Highway Patrol (FHP), Ledford was riding in a pickup truck on State Road 415, south of Osteen when a motorcycle crossed the centerline and crashed into his vehicle. After the initial crash, Ledford quickly got out of his vehicle to check on the motorcyclist trapped under the truck, who later died. Ledford was then struck by a fast approaching vehicle that swerved to miss the truck but hit him instead. The driver of the vehicle did not stop, and left Ledford behind with severe injuries.

Ledford knew he was severely injured but managed to call his mother, Bernice Mims, and tell her that he had been run over. The man’s sister, Aleeca Ledford, said the call was gut- wrenching. Ledford sadly died at Central Florida Regional Hospital in Sanford. His father was also killed in a motorcycle accident years ago in Indiana.

The (FHP) said they have no information about the vehicle that hit Ledford. Sergeant Kim Montes of the FHP said that often pieces of a hit-and-run vehicle are found at the scene, but in this case there was nothing. This is likely because Ledford was low in the roadway when he was struck, according to Montes. She said that their best hope in solving the hit-and-run is for a passenger in the fleeing vehicle to come forward with information. For more on this topic, see who ran over, killed Sanford man helping dying biker?

Florida Statute 316.027 requires that the driver of any vehicle involved in a crash that results in injury or death of a person must immediately stop the vehicle at the scene or as close as possible. Any person who willfully violates this statute can be subject to a felony in the first degree for an accident resulting in death, and a felony in the third degree for an accident resulting in injuries.

The Fifth District Court of Appeal in Daytona Beach upheld the trial court’s conviction of Diane Katz Santarelli. The trial court charged Santarelli with a misdemeanor of allowing an open house party and contributing to the delinquency of a minor. The charges were based on allegations that at some point during the open house party Jesse Calvin Pitts, a minor, drove from Santarelli’s residence in a vehicle with Taylor Rea Brennan (also a minor) as his passenger. Pitts and Brennan subsequently died in a car crash on State Road 13 after leaving the party. Santarelli’s attorney, Gerald S. Bettman said that she will decide whether she wants to ask the court of appeal to reconsider or take the case to the Florida Supreme Court. For more information, see court rules against house party mother.

An open house party was traditionally referred to as a party or social gathering that is scheduled for a period of hours, sometimes for an entire day, with no set time of arrival or departure. However, more recently open house parties often refer to parties at a house involving primarily young persons, under the age of 21, that drink alcohol and take illegal drugs. Florida Statute 856.015 defines an illegal open house party as:

No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

A violation is punishable as a second degree misdemeanor. For more information on Open House Party laws, see Florida Statute 856.015.

Pool safety is a large concern in Jacksonville, as well as nationwide. Every year, thousands of children die from drowning and many drowning deaths occur in residential swimming pools. As such, it is important to understand the importance of pool safety and the legal requirements to implement it. Florida’s Residential Swimming Pool Safety Act sets forth the requirements for pool barriers at residential pools.

A residential swimming pool barrier must have all the following requirements: the barrier must be at least 4 feet high on the outside; the barrier may not have any gaps or openings that could allow a young child to get through the barrier; the barrier must be placed around the perimeter of the pool and must be separate from any other enclosure surround the yard unless that enclosure is situated on the perimeter of the pool and is being used as part of the barrier, and; the barrier must be placed sufficiently away from the water’s edge to prevent a person from penetrating the barrier from immediately falling into the water. For safety barrier requirements regarding gates, ladders, above ground swimming pools or other information, see Florida’s Residential Swimming Pool Safety Act.

The book entitled, The ABCs of Child Injury- Legal Rights of the Injured Child – What Every Parent Should Know is also a helpful resource for swimming safety. The book has a chapter specifically dedicated to Swimming and Injuries at Swimming Pools, Water Parks, and Other Water Ways.

Pursuant to Florida Statute sec. 316.0895, the driver of an automobile shall not follow another automobile more closely than is reasonable and prudent. The driver shall taken into consideration the speech of the vehicles, the amount of traffic and condition of the highway. Those persons driving trucks, trucks drawing another vehicle, or a vehicle towing another vehicle or trailer shall not follow within 300 feet of the same while traveling upon a roadway outside of a business or residential district. Those vehicles traveling in a caravan or motorcade outside a business or residential district, whether or not towing another vehicle, shall allow sufficient space between such vehicles as to permit any other vehicle to enter and occupy such space without danger (this does not include funeral processions). A violation of this section is considered a noncriminal traffic infraction. To read the actual language of the Florida statute see Fl. Stat. sec. 316.0895 - Following too closely.

A person driving an automobile within the State of Florida must bring the vehicle to a complete stop when approaching a school bus that is also stopped and is displaying its stop signal. Drivers are also prohibited from passing the bus until the stop signal has been withdrawn. Drivers are not required to stop when traveling in the opposite direction of a stopped school bus so long as automobile and bus are separated with an unpaved space of at least 5 feet, a raised median or a physical barrier. To read the Florida Statute requiring drivers to stop upon approaching a school bus see Fl. Stat. 316.172 - Traffic to stop for school bus.

Drivers should stop for school buses not only because it is required by law but also because yielding to buses provides more safety to the child passengers.

Under Section 316.0815, Florida Statutes of the State Uniform Traffic Control, a duty to yield to public transit vehicles is created. A Florida driver must yield the right-of-way to all publicly owned transit buses that are traveling in the same direction as the vehicle, which has signaled and is reentering traffic from a specifically designated pullout spot. However, this statute does not relieve any driver of a public transit vehicle from his or her duty to drive with due regard for the safety of all persons using the roadway. If you would like to see the specific language of the statute please see Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, section 316.0815 - Duty to yield to public transit vehicles.

Florida drivers may find themselves in a rush and be tempted to pass a slower moving bus or other vehicle of public transportation. However, Florida drivers should understand that they have an affirmative duty to yield the right-of-way to public transit vehicles and not doing so can result in a noncriminal, moving traffic citation.

The Department of Transportation is permitted pursuant to Florida Statute Section 316.0875 to designate those potions of any highway as no-passing zones whether by appropriate markings or signs. These markings or signs must be in place and clearly visible to an ordinarily observant person, every driver of which must obey the directions thereof. When such appropriate signs or markings do exist, no Florida driver shall at any time drive on the left side of the roadway or on the left side of any pavement. Florida drivers do not have to obey these signs when an obstruction exists, thus making it necessary to drive to the left of the center of the highway, or when a driver of a vehicle turning left into or from an alley, private road or driveway. A violation of this statute will result in a noncriminal traffic infraction, punishable as a moving violation. To read the statute please see Florida Statute section 316.0875 No-passing zones.

Florida law protects the safety of pedestrians by requiring every driver of a vehicle to exercise due caution when pedestrians are present. Pursuant to Florida Statute 16.130 - Pedestrians; traffic regulations, the driver of a vehicle that is at an intersection and has a traffic control signal, must stop before entering the crosswalk and remain stopped to allow a pedestrian to cross a roadway while in the crosswalk. When traffic control signals are not in place or there is no signage indicating otherwise, the driver or a vehicle shall yield the right-of-way, by either slowing down or stopping completely, to a pedestrian crossing the roadway within a crosswalk. Florida driver's only have the right-of-way when a pedestrian tunnel or overhead pedestrian crossing has been provided and the pedestrian chooses to cross the roadway instead of using the tunnel or overhead crossing, or when the pedestrian is crossing a roadway at any point other than within a marked crosswalk.

Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person. Even if a pedestrian is hit or injured outside of a crosswalk, a cause of action can be pursued based on this Statute and other Florida law if driver inattention, speed, distraction, or other negligence caused or contributed to the accident or incident causing personal injuries to the pedestrian.

Motorcycle accidents often result in life-threatening injuries. In Jacksonville, a 58-year-old woman, riding her motorcycle, suffered severe injuries due to a collision with a car that was turning into a gas station in the St. Nicolas area. The motorcyclist was taken to Shands Jacksonville with injuries that may be fatal. It was reported that this motorcycle accident is under investigation by the traffic homicide division. There are no reports as to whether the motorcycle rider was wearing a helmet.

Florida motorcycle helmet law, Florida Statute 316.211(3)(b), does not require anyone over the age of 21, such as the motorcyclist involved in this accident, to wear a helmet if the motorcyclist has $10,000.00 in insurance coverage for medical benefits. Since the motorcyclist involved in the Jacksonville accident is 58-years-old, she would not be required, under Florida law, to wear a helmet.

While safety precautions are necessary for motorcyclists, it is also important that drivers of other motor vehicles be aware of their surroundings. Often motorcycle accidents occur because the driver of a car does not look for smaller vehicles. Using proper driving precautions, such as checking blind spots, using rearview and side-view mirrors before changing lanes, keeping a safe distance between your vehicle and the one in front of you, regardless of the size, can be helpful in preventing such accidents.

Florida hit-and-run accidents can lead to criminal charges, especially when fatal injuries result from the accident. Christopher James Holland, 22, died after suffering injuries in an accident that caused him to be ejected from a truck. The driver of the truck, Jacob Gaulden of Pensacola, was later arrested for leaving the scene of an accident with injuries. His charges may be increased to leaving the scene of an accident resulting in a death.

Florida law requires drivers to stop at the scene of an accident involving injuries and failure to do so is a third-degree felony. If a death results from an accident and a driver fails to stop at the scene, then the driver can be charged with a first-degree felony. Also, any person that fails to stop at the scene of accident resulting in a death and that driver is found to have been driving under the influence of drugs or alcohol, then the driver shall be sentenced to a minimum of two years imprisonment, in accordance with Florida Statute 316.027(1)(a) and 316.027(1)(b).
The Florida Highway Patrol has vowed to crackdown on them due to the increase in these types of accidents in the last few years. The push on such investigations should help protect victims and their families, such as Christopher James Holland and his surviving family. Florida does allow for wrongful death actions to be brought within two years of an incident, and they can be brought by the family of the victim.

There are dangers to pedestrians crossing the road in Florida. A pedestrian who is innocently walking on a sidewalk, crosswalk, or even through a parking lot can be hit by an inattentive driver, which in turn can cause serious personal injuries and wrongful death. Many pedestrian accidents and injuries can be avoided, in Florida and other states, by limiting driver distraction, by reducing speed in residential and commercial areas, and by giving the right-of-way at all times possible to pedestrians.

Injuries to a pedestrian may result if a driver does not take such precautions. If injuries do result from the actions or lack of actions by a driver, then the pedestrian may have a claim for injuries, related medical expenses, loss of enjoyment of life, future medical expenses, etc. Florida allows recovery for injuries if the claim is made within four (4) years of the date of the incident.

A recent example of a pedestrian accident was in Utah, when a Florida woman was struck by a car as she crossed the road. The woman was unconscious due to the crash and was transported to the hospital with critical injuries.

A Palm Coast accident took the life of five people from Eustis returning from a family reunion in North Carolina. There were nine people in the SUV, only two wore their seatbelts. The 1999 Ford Explorer rolled over on Interstate 95 when their left rear tire blew out and the driver los control of the vehicle.
Those killed in the accident ranged in ages from 18 – 48. The survivors were all children, who were taken to Flagler and Halifax Hospitals and later released to family members.
In accidents involving deaths the surviving family members of the victims may have a claim for their losses and damages in a Wrongful Death action, which must be brought within two (2) years of the date of accident. Normally such claims would be brought against the insurance held by the driver and the owner of the vehicle. However, due to the nature of the accident there may be a question as to whether the vehicle’s design caused this tragedy.
If an investigation is conducted of the vehicle, and it appears that the Explorer should have not rolled over in such an accident, then the family members may have a products liability claim against Ford. Investigating and analyzing such claims can be challenging, but rollover cases cannot be easily dismissed as driver error. The timeframe is still a factor, but the action would change from negligence of the driver to negligence in the design of the vehicle.

Mark Fatovic, 22, of Orlando, crashed into a police car driven by Officer Kristy Casiano, sending her and a teenage passenger of Fatovic to the hospital. According the investigation, Fatovic was running late to a movie and was traveling at approximately 55 to 60 mph when he hit Casiano as she was turning East onto International Drive. The posted speed limit in that area is 30 mph according to the report.
Fatovic’s Honda hit the rear passenger door of Officer Casiano, forcing her into a business sign. Another Orlando officer, who estimated the speed traveled by Fatovic at the time, witnessed the wreck.
In Florida, going over 30 mph of the posted speed is not only punishable by a fine, but requires a mandatory hearing.
For their injuries, Officer Casiano and the Honda passenger, Crystal Lugo, will receive personal injury protection (PIP) to cover their medical bills. The PIP coverage is required on all vehicle registered in Florida and covers up to $10,000.00 in medical bills. Officer Casiano will receive said coverage through the insurance policy held by the State on the police cruiser and Lugo’s coverage will be through either her parents or the driver, Fatovic.

The legal cases would involve an evaluation and investigation of the accident itself, injuries, medical treatment, medical bills, wage loss, and available Bodily Injury and Uninsured Motorist insurance coverage.

A Cape Coral accident left one man, Steven Lee Purdy, dead after his car was struck by another car, driven by Lazaro Zarza. The Florida Highway Patrol investigation showed that Zarza swerved to avoid hitting an alligator that was on the roadway, as he did so, he swerved into Purdy’s vehicle.
The investigation is ongoing, and no charges have been filed against Zarza. The accident caused the death of 27-year-old Steven Purdy and injured 3 others, including Zarza and his passenger.
Due to the wildlife in Florida it is important to be aware of your surroundings and to understand the risks involved in swerving to avoid an animal. Often, swerving to avoid an animal can cause the driver to lose control of his or her vehicle and other accidents, such as the one involving the death of Steven Lee Purdy, can result. An article written in Bloomberg Business Week states that a safety rule is to maintain your lane when approaching an animal because the damage can be far less from hitting the animal than attempting to avoid it.
In Florida, surviving family members (spouse, minor children, etc.) can file a claim for Wrongful Death when the death is caused by negligence or the intentional acts of another. While the claim is brought against the individual, in cases involving car accidents, the at-fault driver’s insurance would most likely be the one to pay the claim if the driver maintained bodily injury (BI) coverage. If the at-fault driver did not, but the victim carried uninsured or underinsured (UM) coverage on his policy, then the Wrongful Death action could be brought against the victim’s own insurance.
Florida Wrongful Death actions for negligence must be filed with the Court within two (2) years of the date of the incident to preserve the case.

Lt. Robert Huish, a Navy pilot stationed at NAS Jacksonville was severely injured when a car clipped his bicycle as he was riding on East Coast Drive in Atlantic Beach. The driver of the white or cream SUV is unknown because the individual fled the scene. Huish, however, was transported to Shands of Jacksonville where he is in a drug-induced coma.

Lt. Robert Huish has only been at NAS Jacksonville since July, when he returned from a seven-month tour in the Middle East. His parents came to Jacksovnille when the received word of the hit-and-run accident.

Florida law requires drivers to stop at an accident scene if there are any injuries and the driver must stay at the scene until the police arrive. Florida statute 316.027 states that anyone that violates such law can be charged with a third degree felony. In such case, the driver would be provided an attorney to represent him or her for the charges.

Francois Simon, a 70-year-old Polk County resident, was hit and killed by a 17-year-old Polk County teenager. It was reported that the teenager was driving her 2004 Dodge truck when the right side of her truck hit Simon, who was walking northbound on the roadway. The girl continued on her path and picked up her friend for school before getting to Kathleen High School, where she reported the accident to the School Resource Deputy. Once the police responded to the scene, Simon was pronounced dead. In Florida, leaving the scene of an accident with injuries is illegal and the teenager could be charged with a third degree felony. If she is, then she is entitled to an attorney to represent her. Currently, her fate is unknown because the investigation is ongoing.
Simon’s family potentially has a Wrongful Death claim against the teenager. If the car is registered to her parents, then the claim could be against both her and her parents. In Florida, a wrongful death action must be brought within two (2) years, unless the death is caused by an intentional act. In cases such as this, the driver and her parents’ car insurance would be responsible for representing them in the Wrongful Death claim.

Palm Coast residents, Rita Dejean, 69 and Marlene Lindor, 71, suffered fatal injuries after their Honda Civic collided with a Ford Econoline . The Honda Civic was driven by Rita Dejean, Marlene Lindor and Myrtha Darboux were passengers in the car. Darboux and the driver of the Econoline, Heath Sanford, suffered injuries and were taken to a Florida Hospital.

According to the Florida Times Union, the Flagler County accident occurred after Dejean (Honda Civic driver) came to a stop and then pulled left onto the intersecting road into the path of the Econoline. Though, the occupants / passengers of the van were all wearing their seatbelts, the impact caused severe and fatal injuries.

In a situation such as this, an investigation will determine if Dejean was at-fault for either careless driving or failing to yield to the right-of-way. If the investigation determines that Sanford (the driver of the Econoline) was speeding, then there may be a decision that the two drivers were comparatively at-fault.

Comparative fault is when fault is not attributed to only the actions of one driver. A rear-end collision is almost always the fault of the one that rearended the other, but in cases like this, a percentage of fault may be assessed to both drivers. One thing is certain, the passengers were not at –fault for the injuries suffered. The estate of Lindor may have a claim for Wrongful Death against both drivers and/or the applicable automobile insurance. In addition, Darboux may have a claim for her injuries against the insurance of both drivers. Sanford, if less at-fault than Darjean, would be able to bring a claim for damages against the Civic driver.

Florida has statute of limitations, meaning the timeframe in which a claim must be brought for different action before the claimant is barred from recovery. A claim for Wrongful Death must be brought within two (2) years of the date of the accident. A claim for injuries suffered, like those suffered by Darboux and Sanford, must be brought within four (4) years of the date of the accident.

In Florida this Thanksgiving, the Florida Highway Patrol has decided that the 1,600 troopers in Florida will be patrolling the roads to ensure safe driving over the holiday.

Over the last couple of years, the Florida Highway Patrol has increased its presence on the roadways and as a result they have seen a decrease in the number of fatal accidents that occur during this busy travel time. The same week in 2008, there were 52 fatalities and in 2009 there were 39 related to motor vehicle accidents. This year, they are hopeful the decline will continue. The Florida Highway Patrol is hoping the local police, such as the Jacksonville Sheriff's Office, will also be patrolling their local roadways to ensure safety off the interstates too.

In Central Florida, the entire force of 212 troopers was assigned to work from Wednesday through Sunday of the holiday week. The goal is to cover every major highway and have local police patrolling their roads as well. The concerns are mainly for those speeding, following too closely, and weaving through traffic or simply recklessly. In high traffic areas, the careless driving of one can cause injuries to many, so they want to stop the aggressive driving and keep drivers focused on obeying the traffic laws. Another main concern is the use of safety devices such as seatbelts and child restraints.

The Florida Highway Patrol recognizes that heavy traffic can lead to an increase in accidents and related injuries. The goal is to somehow manage the risks by reminding people the troppers are out there to enforce the laws for the safety of the AAA expected drivers of 4 million this holiday week.

Mediation is a tool used in Florida to assist parties in settling a claim for damages resulting from slip and falls, auto accidents or medical malpractice issues. A claim for damages has different stages: filing a claim, sending a demand for damages, filing a lawsuit, mediation, post mediation, and trial. If a claim for injuries and resulting damages is not settled in the first stages, then the injured party may file a lawsuit. Once a lawsuit is filed, the court requires that the parties attend mediation.

Mediation is often the best opportunity to settle your case before a jury is selected and more costs are spent on preparing for trial. Mediation is required because it has been a proven tool for cases to settle out of court, in fact, approximately 90% of injury cases are settled at mediation.

So, what is mediation? Mediation is the term to describe a meeting between the parties and a neutral, unbiased individual (a mediator). You and your attorney meet with the other side’s lawyer and insurance adjuster along with the mediator. The mediator’s job is to listen to both sides and help you reach a settlement agreement. All communication and offers are kept confidential and cannot be used in court if the case does not settle. The parties originally meet in one room to hear opening statements and are then separated into different rooms and the mediator goes between both rooms to help negotiate a settlement.

If you are able to reach an agreement, then the mediator drafts a mediated agreement and both sides sign the agreement. While mediation is a good tool for settlement, it is also helpful in showing the strengths and weaknesses of a case so your attorney can best prepare your case to be presented to a jury. In addition, it opens communication for the parties to reach a settlement before, or sometimes during trial.

If a case is not settled at mediation, there are still opportunities for settlement after mediation. Ultimately, if there is not settlement or meeting of the minds, the case will proceed to trial. The case will then depend on the verdict of the jury.

Florida hit and run accidents have increased in the last few years, according to the Florida Highway Patrol. In Central Florida, the highway patrol investigates an average of 10 hit and run accidents per day. Of these, there remain a number of unsolved fatal hit and run accidents from 2009 to the present.

The family of a hit and run victim, Justin McWilliams, lobbied the Florida legislature for the passing of the Justin McWilliams Act. The law, also known as Florida Statute 316.024, mandates that the driver of a car involved in an accident with injuries to any person stop the car and remain at the scene of the accident a person involved in an accident bring their car to a stop and waits until all information has been given to the police on that arrive.

Those that leave the scene of an accident are often located through an investigation and charges are generally brought against them. Leaving the scene of an accident does not help you because the punishment for leaving is far greater than not having proof of insurance at the time.

Due to the increase in hit and run accidents, the Florida Highway Patrol has actually implemented more aggressive tactics for locating these drivers. Investigations are remaining open and the Florida Highway Patrol is working with individuals and media to locate the drivers. Fleeing and hiding are often unsuccessful.

Jacksonville woman, Dianna Poturich, was struck and killed in a car accident early Sunday morning on Interstate 295. Due to road debris, there was a chain of crashes that occurred at approximately 2:15 a.m. The first car was traveling northbound when it came to a stop after hitting roadside debris. The next car hit the disabled vehicle and then the third car, driven by Dianna Poturich came to a stop and she exited her vehicle. As Poturich walked by her vehicle, a fourth car struck her car on the left side, pushing Poturich’s own vehicle into her.

The road debris was not identified in the article, but often road debris is left from other vehicles not securing items on their car or truck correctly. Florida Statute 316.520 requires that all items be properly secured down on a vehicle so as not to be blown or dropped onto the roadway. In this case, had the debris been determined to be from a specific vehicle, then that vehicle owner could be liable for all accidents that occurred as a result. There may also be Uninsured or Underinsured Motorist issues applicable to a case of this nature if origin or debris cannot be linked to a particular vehicle or driver.
Florida also recognizes comparative fault, meaning that a percentage of fault can be placed on each vehicle. If one were to recover for damages, then the recovery will be reduced by that person’s percentage of fault.

In a situation like this, with multiple rear-end collisions, the assessment of fault could be distributed among the drivers. The percentages would be based on more detailed information that has been reported in the newspaper and Internet.

What are the sovereign immunity caps or limits for personal injuries caused by a government entity and its employees? In the State of Florida as well as other states, there are laws in place that protect government entities. These laws allow a government entity to be sued only under certain circumstances and only up to certain limits. Government entity refers to any city (i.e. City of Jacksonville), county (i.e. Duval County), or state entity (i.e. Florida Department of Corrections).
Sovereign immunity laws in Florida limit recovery against a government entity to $100,000 per person and/or $200,000 per accident. What this means, is that the State recognizes that State and local government cannot be held liable for damages over that amount. There are, however, certain exemptions. For instance, if there is liability insurance over the sovereign limits, a case could be pursued to the extent of those insurance limits in certain circumstances. In addition, a claims bill could be pursued for the full value of the case. A claims bill is essentially a special law passed by the Florida legislature to allow payment or recovery of damages over and above the sovereign limits. It is quite difficult to obtain approval by the legislature and governor for a claims bill. Currently, the Florida sovereign immunity injury cap is $100,000 per individual and $200,000 per incident. These limits will be increased to #200,000 per individual and $300,000 per incident beginning in October 2011. See Governor Crist Signs Law Changing Sovereign Immunity Caps.

On Tuesday, four people died in a head-on car accident on Georgia Highway 140. It was reported that the accident occurred when the driver of a Kia Sportage (a small SUV) went over the center, double line of traffic and struck an oncoming Buick LeSabre.

Sadly, Ralph Jimmy, the driver of the Kia, died instantly. There were three people in the Buick LeSabre at the time of the accident. The 81 year-old driver, J.R. Tucker and 82 year-old Margaret Crews were pronounced dead at the accident scene. The 76 year-old passenger, Jean Tucker, died on the way to the hospital.

The accident investigation has not shown signs that the driver of the Kia Sportage was under the influence of drugs or alcohol, at the time of the accident. However, the investigation is ongoing. Investigations are common in these types of cases because there is no one to ask, other than possible witnesses, what may have caused the Kia to enter the oncoming lane of traffic. Toxicology is generally taken in such cases and can take weeks to get results. However, when there are no signs that alcohol played a factor, the questions of how and why can some times go unanswered.

In Florida, the State of Florida has laws in place that recognize wrongful death actions, which must be brought within 2 years of the accident. In cases such as this, the survivors of the deceased could bring a wrongful death action against the at fault driver. In addition, if the passengers held uninsured motorist coverage, then recovery for damages may also be sought under that individual’s insurance. Wrongful death actions are pursued in order to compensate the family members that may have been dependent upon the deceased financially, physically, or emotionally.

In Florida, there are a number of laws / statutes in place that apply to traffic regulation and rules of the road. It is important for every driver to obey Florida traffic laws and otherwise operate his or her motor vehicle with due care and caution. Section 316.075, Florida Statutes requires all vehicular traffic to stop and remain stopped at a red light until it changes. While this law is simple and clearly written, drivers violate this Florida statute every day on Florida roads and highways. A traffic control device is in place for a purpose. Following the traffic control device is vital for the safety of drivers, passengers, bicyclists, and pedestrians. A recent automobile accident / bus accident was reported in California by California News 13 - Deadly Los Angeles School Bus Crash. As a result of this automobile accident, 19 people were injured and 1 was killed on Monday after a BMW ran a red light, hit a pedestrian, and broadsided a school bus, making it flip onto its side. The driver and all but one passenger of the BMW fled the scene and were later caught by the police with the help of a nearby construction worker.

As illustrated by this reported accident, simple compliance with traffic control devices (i.e. red lights) can save lives and avoid the horrific consequences caused by careless driving.

Bicyclist, Edith Gruhn, died from injuries suffered from being hit by a school bus Friday afternoon. The bus hit the 59-year-old woman as the bus exited the Burger King parking lot on North Main Street in Jacksonville, Florida. At the time of the accident, there were no children on the bus and there were no other witnesses to the accident.

Since this incident resulted in the death of the bicyclist, the Jacksonville Sheriff's Office and / or the Florida Highway Patrol will conduct a full investigation into the cause of the accident. According to the brief news report, it was unknown as to where the bicyclist was riding just prior to the incident.

When there is a death that results from an automobile accident or other incident, a claim can be brought for the wrongful death of the victim if it can be proved that the victim died due to the negligence or fault of another person and / or company.

With respect to a Florida Wrongful Death matter, the claim must be filed with the court within two (2) years of the date of incident. The eligible family members, dependents such as minor children and/or spouses would have a claim for damages against the at fault driver / company for whom the driver works.

Tire Kingdom on San Jose Boulevard in Jacksonville, Florida was the scene of an accident Tuesday afternoon after a woman drove through the store’s front window. The car hit a woman who was standing outside the store which caused injuries. The serious injuries required the woman to be flown to the hospital. The driver of the car told a Channel 4 reporter that she thought she was placing the car in park, but went into drive instead.

In a pedestrian accident, the injured pedestrian can still get no-fault medical coverage, known as PIP, through her car insurance carrier. If this pedestrian owns a vehicle and maintains PIP coverage, as regulated by state law, then her initial medical bills will be covered under her own automobile insurance policy.

In addition to the initial medical bills, pedestrians can file a claim for injuries against the at-fault driver. If the at-fault driver does not have insurance or has limited bodily injury insurance, then the pedestrian can file a claim under her underinsured, uninsured (UM) coverage, if she has it.

Continue reading "Accident with Serious Personal Injuries at Tire Kingdom In Jacksonville" »

A pregnant woman was the victim of a dog attack in Orange County, Florida. Two dogs were unleashed and running around a neighborhood, when they approached the pregnant lady as she was walking. The woman suffered deep puncture wounds in her leg where the dogs bit her. The two dogs were reported to be a Pit Bull and a Labrador mix. After the attack, she was taken to the Winnie Palmer Hospital for her injuries. She and the baby were reported to be stable after the incident.
In Orange County, Florida, there is a local ordinance that requires dogs to be on leashes when they are off the owner’s property. In addition, Florida recognizes a strict liability policy regarding dog bites and/or attacks. Strict liability means that the dog owner is liable for any damages caused by the dog, regardless of the dog being provoked by the victim. Strict liability means there is really no defense to the dog owner being responsible for the dog’s actions.
In this case, Animal Services took the two dogs and has them quarantined. The owners of the dogs have not come forward. Typically, a victim will be able to seek damages from the dog owner, including medical expenses. Such a claim would normally be handled under the homeowner’s insurance policy. However, some policies exclude dog bite injuries and / or certain breeds of dogs from coverage under the policy.

A Sunday afternoon drive resulted in a fatal accident on Blanding Boulevard in Jacksonville Florida. A 30 year-old motorcyclist, Shawn Nolan, suffered fatal injuries when he crashed his 2008 Honda motorcycle as a result of a 2007 pulling in front of him.

Blanding Boulevard traffic was stopped for over 3 hours as the police investigated the accident scene. The driver of the motorcycle was not wearing a helmet at the time of the accident. The accident did not cause any injuries to the driver of the Saturn.

Florida motorcycle helmet laws do not require a motorcyclist to wear a helmet, if the motorcyclist is over the age of 21. Here, the driver of the Honda motorcycle was over the required age, so there was no legal requirement for him to wear a helmet. However, if the driver of the Saturn, Summer Stevens, is found liable for the accident, then she could be responsible for the wrongful death of Nolan.

In Florida, the statute of limitations for a negligence claims is four years. However, a wrongful death claim must be pursued within 2 years. Due to the fatal circumstance, a claim for wrongful death is often led by the estate and/or family of the victim.

Written By: Lenorae C. Atter, Esq.

In Florida, time plays a role in all legal matters, including claims for injuries that have resulted from a car accident. If you have you been the victim of injuries suffered as a result from a car accident, then there are certain rules you should be aware of before too much time passes.
In Florida, injuries that result from a car accident are covered as a personal injury claim or tort. The Florida law requires that actions for negligence (someone failing to obey traffic signals, not paying attention, texting while driving, etc.) should be filed as a lawsuit within 4 years from the date of the accident. (Florida Statute 95.11(3)(o)).
If you are in an accident on May 1, 2010 and you suffer injuries, then Florida says that if you have not been compensated for those injuries within 4 years from the date of the accident, the a lawsuit MUST be filed to preserve your legal rights. There is an exception to this general rule if the lawsuit is against an insurance company for uninsured or underinsured motorist claim. For UM claims which are governed by the insurance contract in Florida, a lawsuit generally must be filed with 5 years from the date of the accident in order to preserve the legal rights.

When you are in an accident, accident victims should file a claim with his or her own own automobile insurance company and the at-fault party’s insurance carrier. If a person suffers an injury in an automobile accident, medical treatment should be sought immediately. The extent and impact of the injuries may not be truly known for months following the accident; nevertheless, timely medical care is important so that all medical options can be considered and taken in dealing with the injuries.

Continue reading "Statute of Limitations in Florida - Timing for Injury Claims in Florida -Florida Auto Accidents" »

Pursuant to Section 316.130, Florida Statutes, the driver of a vehicle at an intersection
that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Furthermore, this same statutes provides that the driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

There are other statutes in place in Florida that pertain to pedestrians. The most simple way to put it is that vehicles should yield to pedestrians. The weight and force of a vehicle is no match for a person. When driving, take the extra time to slow down and give every deference to a pedestrian especially child pedestrians. You can read more about Section 316.130, Florida Statutes and other laws at the Official Site for the Florida Statutes.

Any driver within the state of Florida who is involved in a crash that results in the injury of any person must immediately stop their vehicle at the scene of the crash, or as close to the crash as possible, and must remain at the scene of the accident until he or she has fulfilled the requirements set out in Florida Statute Sec. 316.062. Any driver who violates this law will be deemed to commit a third-degree felony.

Any driver withing the state of Florida who is involved in a crash that results in the death of any person must do all the requirements above. However, if a person violates this section of the statute he or she will be deemed to have committed a first-degree felony.

If you would like to read more of the Traffic Provisions under Florida Law please see Florida Statutes, Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control.

Leaving the scene of an accident is not only illegal but immoral. If you are involved in an automobile accident you must stop and wait for authorities to arrive. Also, if you are the witness to someone leaving the scene of an accident try and observe every detail possible or the driver and vehicle so you can give authorities an accurate description of the driver who fled.

In Florida and other Statutes, merely obeying the posted speed limits is not enough. There are circumstances on the roadways that take place every day that require drivers to slow down, and, yes, driver under the speed limit. Section 316.185, Florida Statutes addresses this issue by stating that "the posted speed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318."

If there is a rainstorm, automobile accident, children crossing the road, a group of bicycle riders, or other situations, driver should slow down for the safety of others. If all we had to do was to follow traffic signals and speed limits, we could have robots drive our vehicles; however, there is much more to driving than obeying speed limits and traffic signals.

Written By: Lenorae C. Atter
Attorney at Law

Florida ranks as the worst and most lenient for child safety laws according to the National Transportation Safety Board. The NTSB report recently released finds that Florida's laws are not stringent enough on providing for children to be in a safety regulated seat. According to the NTSB, since 1996, children eight (8) years old and younger should be protected by state child restraint laws. Florida's law only requires that a child, three (3) years or younger is required to be a child restraint seat, children ages four (4) to five (5) must either be in a child seat or seat belted and children under the age of 18 are required to wear a seatbelt regardless of their seat location in a vehicle.

According to the NTSB report, Florida fails to maintain laws that properly and effectively protect children. While Florida has failed to upgrade the child safety laws to meet the NTSB recommendations, Florida has made strides in getting adults to wear seat belts. In 2009, Florida passed a law allowing drivers to be cited for failing to wear a seatbelt while driving. Prior to the change, officers could only issue the citation if a driver was pulled over for a separate driving infraction. The recent "click it or ticket" campaign did show that there is an increase in safety belt usage in Florida. The report, recently released on the matter, showed that there has been a 2% increase in seat belt usage in the last year.

While Florida has failed to get behind the NTSB's recommendations, there are indications, based on the 2009 law change, that indicates Florida is taking this matter seriously.

Written By: Lenorae C. Atter
Attorney at Law

Accidents with resulting injuries seem to happen on a daily basis in Northeast Florida which includes Jacksonville, Orange Park, and Amelia Island. Jacksonville sees its fair share of accidents, but who really suffers the injuries? Often we look at the victim of the car accident as the one that took on the bruises or physical injuries, but what about their children and/or the spouse of the injury victim?
In Florida, Statute 768.0415 recognizes liability for an injury to a person that is the biological or adoptive parent of a minor or dependent child should not solely rest with the damages suffered by the injured victim, but with the minor child of the victim as well.
The idea is that the injury to a parent has a negative result on the dependent child as well. If the physical injuries result in permanent injury or permanent disability, then the child is left with damages for the loss of services, such as cooking dinner; comfort, knowing that their parent is healthy; companionship, especially if the parent is rendered nonvocal or unresponsive; and loss of society, since so much of youth is spent with family friends.

These items can be difficult to value or put a monetary figure to because these damages are not based on a formula, calculation or any type of blue book estimation or analysis. Injuries and their results are real to everyone in the victim's life and a child should be compensated for such losses.

Continue reading "Florida Damages Compensable to a Child for Injury to a Parent " »

Written By: Lenorae C. Atter
Attorney at Law

Florida recognizes comparative fault in damages for negligence arising from incidents including but not limited to automobile accidents, slip and fall incidents, and premise liability and negligent security matters. Florida Statute 768.81 provides that a person cannot be barred or stopped from seeking damages for injuries if that person is somewhat at fault for the negligence. What does this mean?
If you are involved in a car accident because you were texting while driving, but the other party ran a yellow or red light, then you could be found partly at fault for the accident. Not paying attention is negligence, however, the other person's failure to obey a traffic signal is also amounts to negligence. In Florida, you can still recover damages if a judge or jury determines that you were partially at fault for the automobile accident. A judge or jury can assign a certain percentage of fault to each driver. If the liability is clear (i.e. you were going the speed limit, paying attention to the roadway and someone hits you while you're stopped at a red light), then fault is most likely 100% to the other driver.

Florida recognizes that injuries can occur because of more than one reason, however, the party at most fault for the injuries should be responsible for his/her portion of the injuries. Florida has a better set of laws in place as compared to other States. For instance in North Carolina, a person may be barred from recovery any money for injuries if it is determined that the injured person is even 1 % at fault for the automobile accident.

Continue reading "Florida Comparative Fault for Injuries" »

Written By: Lenorae Atter
Attorney at Law

In Duval County (Jacksonville), Florida, according to Florida Department of Highway Safety and Motor Vehicles, the traffic fatality rate in 2009 was 114 people, 49 of the fatalities were related to alcohol. Traffic accidents are often linked to someone involved being responsible for the accident. In Florida, when death occurs because of the negligence of another person, then damages can be recovered under the Wrongful Death Act.

In Florida, the personal representative for the estate may bring the action on behalf of the decedent's survivors and estate. When there an individual passes from natural causes, the expenses of such fall to the estate and the survivors. The State's intent was to not place the burden on the family if someone else acted negligently and that negligence caused the death. (Florida Statute 768.20)

Damages for such an action are outlined in Florida Statute 768.21, and includes but is not limited to: each survivor being entitled to the value of the loss of support from the date of injury to death; future loss of support; loss of companionship (spouse/children); pain and suffering.

Due to complexities involved in this type of legal matter, it is a good idea to seek legal advice from a qualified and experienced attorney. If you have questions, please contact Wood, Atter & Wolf, P.A.

Written By: Lenorae Atter
Attorney at Law
Injuries resulting from a drunk driving accident can be disabling, if not fatal. Florida law recognizes what is commonly referred to as "Dram Shop Law," which allows for liability for such accidents to be place on not only the responsible individual, but the restaurant, bar or individual that served the drunk driver.

In accordance with Florida Statute 768.125, simply providing alcohol to someone of legal age does not place liability on the serving individual. However, serving alcohol to a minor does establish liability. In addition, serving alcohol to a known drunk (i.e. the regular at a bar that always drinks until unable to stand) also places liability on the individual, bar or restaurant that served the person known to have such a reputation or propensity for drinking and driving.

Continue reading "Florida Drunk Driving Accidents - Who Can Be Held Liable?" »

Written By: Lenorae Atter
Attorney at Law

In Florida, a dog owner is responsible for the damages caused by their dog. Florida Statutes provide that dog owners are strictly liable, meaning there is no defense, if the owner's dog attacks or causes damage to another person or property. (Florida Statute 767.01)

If a dog bites someone that is on public grounds, invited onto the owner's property, has a legal right to be on the property, or is under the age of 6, then the dog's owner can be held liable for any and all damages. Such damages can be medical, wage loss, pain and suffering, etc. The claim is treated as any personal injury claim, and even though the dog owner is liable, the damages can be lessened if the owner can show that the injured person caused the attack (i.e. violently pulled the dog's tails and ears), as long as the victim is of a reasonable age to understand his/her actions. The prior behavior of the dog cannot be used as a basis or argument to decrease the damages for which the dog owner is responsible. (Florida Statute 767.04)

If you have been the victim of a dog bite or attack, it is important to seek medical attention because dog bites often become infected. Also, you should document the injuries with photographs because it helps preserve your right to recover for any damages or out-of-pocket expenses you may have occurred.

Continue reading "Dog Owners In Florida Are Responsible for Dog's Actions" »

Local schools start soon in Gainesville, Florida, however, you might not be seeing much traffic directing going as you would in the past. The Alachua County Sheriff's Office and Gainesville Police Department has told its school crossing guards that they are not longer permitted to direct traffic. A crossing guards' sole job is to create big enough gaps in traffic for students to cross the street.

In previous years, crossing guards helped drivers make left turns and other maneuvers to reduce the traffic build-up outside of schools. However, these gestures are no longer allowed under state law.

Art Forgey, a sheriff's spokesman, gives a summary of the basic, expected fines. Forgey states citations can vary in amount from $104 for a non-moving violation to a $154 for a moving violation. For speeding through a school zone, fines range from $119 and can exceed the amount of $594! If you pass a stopped school bus, expect a $259 fine and running a red light will cost you $252.

Therefore, while making that morning commute give yourself some extra time, especially since you no longer have help of the crossing guards. Also, be extra cautious as you pass through school zones because the fines for speeding through a school zone has gone up. If you would like to read more on this story please see New state laws affect crossing guards in Gainesville, Florida.

Pursuant to Sec. 462.402 in the Jacksonville, Florida Code of Ordinances, a "dangerous dog" is defined as a dog as any dog whose actions, according to records and after investigation, meet at least one of the following:

1. A dog who bites, endangers or otherwise aggressively attacks a human or inflicts severe injury on a human either on public or private property, including the owner's property;

2. A dog who attacks or bites another dog or domesticated animal and cuases severe injury or death to the other dog or domesticated animal upon public or private property, including the owner's property;

3. Is a dog trained for dog fighting or is being used for the purposes of dog fighting; or

4. A dog who chases or approaches a human in a menacing or threatening manner and in an apparent attitude of attack while the human is conducting himself/herself in a peaceful and lawful manner.

These dogs are exempt from the above described definitions of "dangerous dog":

1. A dog who is engaged in the performance of duties while under the supervision of law enforcement officials.

2. A dog who attacks or bites a human while the human in engaged in or attempting to engage in criminal activity at the time of the attack.

3. A dog who attacks a human while the human is willfully trespassing upon the property of its owner or, is tormenting, abusing or assaulting, the dog or its owner or a family member.

4. The dog is protecting or defending a human within its immediate vicinity from an unjustified assault or attack.

5. A dog attacks another dog or other domesticated animal on its owner's property while the dog or other domesticated animal is there without consent.

6. The dog is engaged in any legal hunt or training procedure.

If you would like to read more of the dog provisions in Jacksonville, Florida see Dangerous Dogs in Jacksonville, Florida.

Securing the load on the back of a truck is Florida law. Automobile Accidents and resulting injuries can occur when loads of wood piles, branches, furniture, etc. are not secured properly to a vehicle. As a personal injury lawyer, I have had clients that were injured in accidents where the contents of a truck have spilled onto the roadway and caused a domino crash as one car swerves or slams on brakes to avoid the debris.

Similar to other automobile accidents involving driver negligence (i.e. rear end collisoon), the driver of a truck with an unsecured load that caused an automobile accident can be held liable along with the truck owner (Florida Statute 316.520). Often, this becomes a factor in such a case because there are a number of commercially owned vehicles or company vehicles that transport such truckloads on the roadway. If you find yourself behind a vehicle transporting loose items, pay attention to the truck's identifying signage or license plate number in case the vehicle continues to drive away. This can be important because if you are injured by the debris of a truck's load, then you may be able to recover compensation for your injuries and losses from the company.

Continue reading "Florida: Unsecured Truck Loads and Related Accidents" »

The law in Florida regarding vehicles following too closely falls under Title XXIII, Motor Vehicles, Chapter 316, State Uniform Traffic Control, sec. 316.0895 - Following too closely. Pursuant to this statute, drivers shall not follow another motor vehicle more closely than is reasonably prudent. Drivers shall also have the due regard of the speed of such vehicles, as well as the traffic upon, and the condition of, the highway.

If you are driving a motor vehicle that is towing another vehicle and are traveling upon a roadway outside a business or residence district, you may not follow within 300 feet of another motor truck. Motor vehicles being driven upon any roadway outside a business or residence district in a caravan, whether or not towing other vehicles, shall be operated so as to allow sufficient space between each vehicle or combination of vehicles as to enable other vehicles to enter or occupy such space without danger.

A violation of this statute is deemed a non-criminal moving traffic violation.

Following too closely is one of many practices drivers engage in all too often. It is important to keep Florida roads, highways and streets safe because many children are being transported among these roads. Keep a safe distance to ensure that you have plenty of time to break and stop your vehicle without rear-ending another. It is also important for drivers to stay attentive at all times - do not talk or text on your cell phone while driving. Distracted driving is a major cause collisions and traffic-related personal injuries. Thus, stay attentive, be aware of your surroundings, wear your seat belt and do not follow too close – all of these practices are simple ways drivers can make Florida roads a safer place for adults and children.

On Monday afternoon a 13-year-old girl was injured after trying to cross the 4 lane University Blvd. near Jacksonville University.

At approximately 3:00 p.m., the girl was crossing University Blvd. heading east towards the Public Library and Gazebo Shopping Center. As she made her way across the roadway, a woman driving a Mazda Protege saw her and attempted to avoid hitting the girl by swerving the vehicle. The teenager's body crashed into the windshield and subsequently hit the top of the vehicle.

The teenage girl survived, without life threatening injuries. Her condition has not been updated. The driver of the Mazda Protege was not cited for the accident.

Reports were unclear as to whether the girl was in a crossing in a crosswalk at the time of the accident. Florida law regarding pedestrians, requires pedestrians to cross in a road in a crosswalk, where available. If the girl was crossing at a crosswalk, then Florida law requires drivers to yield to pedestrians as soon as they are in individual's foot is in the crosswalk. However, if there was not a crosswalk, then Florida requires that the pedestrian give-up the right-of-way to the oncoming vehicle.

Liability in pedestrian injury cases are not always clear cut. Each case should be evaluated on its own merits and facts. The use or lack of use of a crosswalk is not the only fact to evaluate in such cases.

Personal injuries suffered in a pedestrian accident are often serious and it is important to speak with a Florida personal injury attorney so you understand your rights and options. Wood, Atter & Wolf, P.A. understands your rights and can assist you with your legal needs.

The bicyclist, Joshua Galetta, was airlifted to Shands for injuries suffered when a 2002 Lexus collided with Galetta's bicycle. Joshua Galetta, a Green Cove Springs resident, turned off the sidewalk and into the Orange Park Junior High parking lot when he was hit by a car driven by school employee, Marilyn Duke.

Reports indicate that Galetta, upon entering the parking lot, turned into Duke's vehicle. The investigation is ongoing and charges are currently pending.

While Florida bicycle laws do not require anyone over the age of 16 to wear a safety helmet, but the 33-year-old, Galetta, was wearing one. Florida law does require that bicyclists be given the right-of-way, like a pedestrian. However, it is also required that bicyclist provide proper signal and use caution when entering or crossing roadways.

Injuries arising when a bicycle accident can be serious. If you have suffered injuries from such an accident, It is important to speak with a Florida personal injury attorney to help you understand your Florida legal rights and options.

In Florida, if a person is injured in a slip and fall accident on a business premises, then the injured party may have a claim for damages if the following can be proven:
Florida Statute 768.0710

(a) The business owed a duty to the injured party;

(b) The person or company controlling the business premises acted negligently by failing to use reasonable care in the maintenance, inspection, repair, warning, or mode of operation of the business premises. The failure of the business to give notice (i.e. a warning sign) of a possible or known danger may be used as part of the evidence to show that the business acted negligently, but it is not proof by itself that the business was negligent; and

(c) That the business's failure to use reasonable care was the actual cause of the injuries.

If you have suffered injuries as a result of a slip and fall, then you may have a claim for your injuries. Incidents where this occurs most often is when there is a liquid on a tile floor, normally in a grocery store, and a person does not see the liquid and as a result slips and falls in the liquid.

If a person suffers personal injuries as a result of a slip and fall on the property of a Florida business or Florida homeowner, it is helpful to observe or (if possible) take photographs of what caused your fall. Were there any indications that the item, liquid or substance was in place for an extended period of time? Indications could include footprints, dirt, food spoiling/browning, shopping cart wheel or track marks, and the spread or tracking of the substance, liquid or item.

Continue reading "What Laws and Facts Are Important in a Slip and Fall Resulting in Personal Injuries at a Florida Business? " »

On August 16, 2010, a bicyclist in St. Augustine, Florida was injured after being hit by car while she was riding across the Kmart Plaza entrance off US 1.

A witness stated that the woman riding the bicycle was near the Kentucky Fried Chicken when she was struck by the vehicle. The woman was flown from her bike as a result of the impact and suffered head injuries. Once rescue responded, she was transported to Flagler Hospital and later sent to Jacksonville by TraumaOne air transportation.

The bicycle accident is being investigated by the Florida Highway Patrol and St. Johns County Sheriff's Office.

Investigations of this kind are usually done to determine fault for the accident, in accordance with Florida law. In Florida, bicyclists fall under Florida Statute 316.2065. If this cyclist was traveling in a crosswalk, then the accident will fall under Section 316.2065(10) of Florida Statutes, "A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances."
Injuries suffered by a cyclist hit by a vehicle can be extensive.

Continue reading "St. Augustine Bicyclist Injured In Accident on August 16, 2010" »

Due to an alarming amount of traffic collisions on Volusia County, Florida beaches, attendess can expect to see changes soon. Among these approved changes: more signs, a public-awareness campaign, designated parking areas for families and an experimental one-way traffic zone. All of the changes are expected to make beach driving a safer activity. Although Volusia County beaches have been driven on for more than a century, the death to two different 4-year-old children sparked a public outcry for the changes.

Although Volusia County officials refuse to completely ban beach-driving, these changes will are immediate:
1. Electronic billboards directing people to traffic-free zones and off-beach parking areas.
2. Yellow-diamond "Children at Play" signs placed throughout the beaches.
3. Multiple methods such as web sites and brochures will be employed to advertise traffic-free zones.
If you would like to read more on this topic and see more of the immediate changes effective on Volusia County, Florida beaches see Volusia County makes immediate changes to improve safety of its beaches.

Continue reading "Volusia County, Florida - Changes to Improve Beach and Pedestrian Safety" »

Car insurance in Florida is mandated by Florida law (Florida Statute 627.736), which requires that all owners of a registered vehicle carry $10,000 in Personal Injury Protection (PIP Benefits). If you are in a Florida automobile accident, these benefits are designed to provide you medical coverage up to $10,000. Florida law mandates that each owner of a motor vehicle purchase an automobile insurance policy with PIP (Personal Injury Protection) insurance coverage. By following the law, every owner of a vehicle shall have his or her medical care covered under PIP regardless of fault for the Florida automobile accident.

Most Florida PIP policies have a limit of $10,000. However, PIP does not pay 100%, instead your medical bills are covered at 80% by PIP and you are responsible for 20% of the billed amount.

What if you miss work as a result of an auto accident? PIP can be utilized to pay for wage loss but you must be careful since the total amount of PIP available for medical bills and wage loss again is typically $10,000 in total. Accordingly, the more you recover for wage loss, the less you have available for your medical bills Once the $10,000 is exhausted, there is no more PIP benefits. Again, wage loss and medical are not each covered at $10,000, the entire money pot is the $10,000.

What if you find out you do not have PIP coverage under your own policy? The only way you can get coverage through another source, is by meeting the following criteria:

1. You did not own an operable vehicle at the time of the accident. If you own a car, but it's on blocks in your driveway with the engine out, then you are not required to maintain PIP coverage, AND

2. No one in your household has PIP coverage. If you live with someone that has PIP coverage, then you can fall under their insurance.

If you fit these two criteria, then you can apply for PIP benefits with one of the following:

1. The owner of the vehicle in which you were in (i.e. If you were a passenger or if you are driving someone else's vehicle).

2. The other vehicle owner or driver. If you do not meet any of the above, then you can attempt to get PIP coverage through the other party's insurance.

Contacting a Jacksonville Florida personal injury attorney about these issues is much easier than trying to understand them on your own. Know your rights and options from the beginning.

In Florida, motorcycle helmet laws differ from Florida's seat belt laws. Florida Statute 316.211(1) states that, " A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head." However, the same statute, Florida Statute 326.211(3)(b) states that at an individual over 21 years of age can ride a motorcycle, without a helmet, if she or he is insured for $10,000 in medical benefits.
On August 7, 2010, a Jacksonville man was driving a 2007 Kawasaki motorcycle with passenger, Joseph L. Hardy, 27 years old, in Brevard County, Florida. The driver was operating the motorcycle through a right hand curve when he moved to the inside lane and upon making the curve he hit the guardrail several time, which caused the ejectment of the passenger from the motorcycle.
Sadly, the passenger suffered fatal injuries. The driver of the motorcycle was wearing a helmet and survived the accident. The passenger was 27 years of age, thus fell outside the requirement to wear a safety helmet under Florida Statute 316.211 if the passenger had an insurance policy with $10,000 in medical benefits in place. If you have been injured as a result of a motorcycle accident, which you did not cause, it is a good idea to seek legal advice from a Florida Motorcycle Accident Attorney regarding your legal rights to compensation for your motorcycle related personal injuries.

A Fernandina Beach, 24 year-old woman suffered fatal injuries from a car accident caused by a driver that ran a red light on Sunday evening on US Highway 1 in Nassau County. According to Jacksonville's Channel 4 news, Mistie Crews did not stop at a red light on Ratliff while she was traveling Southbound on US 1. As she went through the light, she struck a Chevrolet Blazer that was turning onto the roadway. The Chevrolet Blazer carried a driver and passenger. The passenger died as a result from accident related traumatic injuries. The driver of the Blazer suffered severe personal injuries from the crash. According to the Florida Highway Patrol charges are currently pending. Unfortunately, there are also reports that neither the driver or passenger of the Blazer was wearing a seatbelt. Until further investigation is complete, it is unknown whether a seatbelt would have saved the life of the young woman.

Late night driving can be the cause of severe accidents due to Fatigue of a driver; drinking, which is not indicated in this case and laziness due to traveling either long or short distances at that time of night. There is an idea that less traffic equals less traffic accidents. It is important to remember safety precautions and following street lights and signs at all times on the roadways. Fatigue or lack of traffic does not mean that traffic laws should not be followed. If you are getting behind the wheel of a vehicle it is important to remember defensive driving techniques, which include being aware of all of your surroundings at all times.

Continue reading "Fernandina Beach, Florida Woman Suffered Fatal Injuries in Car Accident" »

The 2010 Florida legislature passed a new law that was signed in April by Gov. Charlie Crist and takes effect on July 1, 2010, which requires a plaintiff to prove that a business was aware of a dangerous condition, and should have taken action to remedy it.

The new law nullifies the holding in Owens v. Publix Supermarkets, Inc, 802 So. 2d 315 (Fla. 2001) and repeals 768.0710 F.S. It essentially eliminates the burden on the defendant to produce evidence that it exercised reasonable care after a plaintiff has proven that a transitory substance caused his or her fall.

For example, under the old law which was in place for only a short time period before it was changed by a prior statute, if you slipped on a substance or object on the floor of a business, you needed only to prove the facts of the slip and fall accident. The burden was then on the defense to prove that it had exercised reasonable care under the circumstances.

Florida Statute Section 768.0755 merely codified the case law that was in effect for years in Florida prior to the Owens case. Following the holding in the Owens case would have provided slip and fall injury victims with a better and more fair system in order to pursue their personal injury claims and lawsuits. Even if Owens is not the law in Florida, there are still rights on behalf of slip and fall victims that can be pursued assuming negligence can be proven pursuant to the statute and related case law that has been around for years in Florida.

Prior to the Owens Case and other laws, the common law in Florida required that an owner or manager of the premises knew or should have known of the condition and failed to take measures to warn visitors of the condition or otherwise failed to take measures to clean up the condition or prevent the condition from taking place at all.

If you or a member of your family have been injured in a slip and fall accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.

Each state imposes a statute of limitations on filing personal injury lawsuits and Florida is certainly one of them. What is a statute of limitations? It simply means the period of time in which a person must start legal proceedings.

Here are the Florida statutes of limitation:

Personal Injury – legal proceedings must be initiated within four (4) years from the date of injury.

Medical Malpractice – legal actions against medical professionals must be filed within two (2) years – either of the date of the act that resulted in the injury, or within two years from the date the injury was (or should have been) discovered. However, if a plaintiff is able to prove the presence of concealment, fraud or misrepresentation regarding the injury, the limitation period is extended for another two (2) years.

Professional Malpractice – legal actions against professionals (accountants, attorneys, etc.) must be filed within two (2) years of the date the injurious act was (or should have been) discovered.

Product Liability – actions must be filed within four (4) years from the date of injury.

Wrongful Death – action must be filed within two (2) years of the date of death.

Fraud – must be filed within four (4) years.

Defamation – charges of libel, slander or defamation must be filed within two (2) years from the date of the action.

If you or a member of your family have been injured and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.